Intellectual Property

Our associates handle various types of intellectual property matters, including trademarks, copyrights, advertising, entertainment and litigation issues, including slander, libel, invasion of privacy, interference with publicity and privacy rights.

We have specific expertise in various aspects of intellectual property and media law, including conducting trademark and copyright searches, protecting and enforcing trademarks, domain names and copyrights, developing merchandising and branding strategies, and assisting clients in acquisitions of rights. We handle trademark prosecution proceedings within the United States Patent and Trademark Office and has litigated intellectual property, libel, slander, privacy and other media law disputes.

We also work with marketing professionals on a variety of issues, including determining the availability of names, logos and titles, conducting pre-publication review of books and other publications, and drafting of agreements and releases.

Copyrights

Copyright protects the authors of original works including literary, musical, dramatic, artistic, and other specific works, be they published or not. The 1976 Copyright Act protects the copyright owner over reproduction of the work, derivative works, distribution, copying of musical works, public performance of the work, or displaying the work in public.

Copyright protects the form of expression, not the subject matter of work. For example, a description of a machine could be copyrighted, preventing others from unauthorized use of the description; Others could write their own description or use the machine.

People are copyright infringers if they violate the exclusive rights of a copyright owner. Copyright owners can recover damages from the infringer. Federal district courts can issue orders or injunctions to prevent or restrain copyright infringement and to order the impoundment and destruction of infringing copies.

Trademarks

Trademarks may be a name, word, symbol or device used to indicate the origin of the item and to differentiate it from other items. Servicemarks differ from trademarks because they relate to services rather than products. Marks or trademarks are often used to refer to either trademarks or servicemarks.

Others may be prevented from using a similar mark, but this would not prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks may be be registered with the Patent and Trademark Office for purposes of foreign or interstate commerce. The registration of the trademark can often be a confusing and difficult process best left to our attorneys.

For maximum legal protection, trademarks should be registered with agencies such as the United States Patent and Trade Office. Trademark are similar to copyright laws regarding first rights. Once a company or individual successfully registers a trademark, trademark symbols or abbreviations are allowed to be imprinted on the slogan or product. Unlike patents, no condition exists for 'trademark pending.'

The trademark registration process can be difficult to understand. Common words and phrases cannot be trademarked by companies or individuals, but distinctive combinations of words can be trademarked. Individuals and companies with registered trademarks will protect their intellectual property in a variety of ways. Courts decide if unauthorized use of trademarked products or slogans has resulted in actual damage in the marketplace. Sometimes such protection is the only real asset of a small company. You should contact Klose & Associates to analyze and protect such rights.

Libel/Slander/Defamation

Defamation can be spoken or written words reflecting false and negative comments about the reputation of a living person. Slander is oral or spoken defamation, while libel defamation in the written form.

For example, Klose & Associates represented a local day care center in a fierce dispute with its residential neighbor. Among other malicious acts committed by the neighbor, he called Child Protective Services and falsely reported that the day care providers were leaving the children unsupervised and created an unsafe environment for the children. After a lengthy trial, the daycare providers were successful in many of their claims, including claims for punitive damages.

Punitive damages are damages that are recoverable to punish malicious or grossly negligent conduct.

Privacy

An individuals's name, likeness, and voice cannot be used without permission in advertising or on products. This right is known as a right of publicity. Claims of this sort are combined at times with Lanham Act claims, related to false or misleading statements implying endorsement of or affiliation with producta or services.

If you think that your likeness has been improperly used to advertise a product, you should contact a lawyer to consider your rights and remedies.