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Intellectual Property

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“There are a lot of lawyers who claim to know the visual arts, but very few of them do. My case had a large number of infringements and it takes a firm like Hendricks & Lewis, who really knows the law to be able to handle that.”
            —Chase Jarvis,                Photographer

For creative companies and individuals, often their most valuable assets are their creative works. Hendricks & Lewis works with clients to identify legally protectable assets and then helps them to register copyrights, preserve trade secrets and obtain trademarks, and refers them to patent counsel, as appropriate. We also offer assessment of the strength of particular copyrights, trademarks and publicity rights, and the range of potential damages for infringements of those rights.  When intellectual property rights are threatened, we are experienced in acting quickly to initiate temporary restraining order and injunction proceedings and can litigate all types of intellectual property disputes on our clients’ behalf.

Copyright law can be like an iceberg.  On the surface it’s deceptively simple but beneath that apparent simplicity there can be issues of significant complexity.  Questions can arise, such as:  What is copyrightable and who is entitled to the copyright?  What constitutes infringement and how are copyright damages determined?  Given the long life of registered copyrights, what are the impacts of various statutory changes in copyright laws?  How are copyrights registered, conveyed, lost, renewed and passed to the next generation?  We have substantial experience with all of these issues and others.

Our trademark practice encompasses Lanham Act and common-law trademark issues, as well as disputes involving domain names. Our trade secret practice includes confidentiality, non-disclosure, non-compete and employee termination issues.  When clients want to use their creative works in conjunction with others, we advise about, negotiate, draft, and review development agreements, licenses, transfers and security agreements.

 

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