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Intellectual PropertyAt McLane, we understand that sophisticated and top caliber legal representation is a critical component of a company's effective intellectual property strategy. McLane provides its clients with extensive counseling in the areas of intellectual property development, protection, licensing and litigation. Within this framework, McLane attorneys focus on specific areas of intellectual property practice, such as U.S. and foreign trademark and copyright law, patent procurement, e-commerce and internet law, domain name/cybersquatter disputes, technology development and licensing, and trade secret protection. Trademark PracticeAt McLane, we recognize the value and importance of trademarks and brand management in today's global economy. Our trademark attorneys base their practice on a thorough understanding of our clients' goods/services, marketing strategies and technology. The McLane IP group is responsible for the registration and maintenance of several hundred trademark registrations in the United States and throughout the world. As a member of worldwide associations such as Terralex and the International Trademark Association (INTA), McLane has assisted clients in over 30 foreign countries with trademark protection and maintenance matters. McLane attorneys have extensive experience working with the Trademark Examining Attorneys at the U.S. Patent and Trademark Office. Our trademark attorneys prosecute and defend a variety of trademark infringement and unfair competition actions in state and federal courts and the Trademark Trial and Appeal Board (TTAB). McLane also specializes in enforcing and defending trademark and trade dress rights of our clients. Drawing on the collective experience of McLane's IP attorneys and extensive resources, McLane's IP attorneys provide superior counseling and representation in matters affecting brands and related intellectual property rights. McLane's trademark client base ranges from publicly traded companies, large privately held corporations, educational institutions, governmental agencies and a wide range of smaller and start-up companies. Our trademark services include:
U.S. and Foreign Patent Protection/Trade SecretsA company's most important assets are frequently found in its patent portfolio. Our patent attorneys work closely with clients to evaluate patent and trade secret rights, including infringement, validity and/or enforcement studies and patentability assessments. When the decision is made to prepare and file a patent application, our patent attorneys are committed to working with inventors to acquire high-quality patent rights which provide owners with the right to exclude others from making, using or selling the patented invention or process. Scott Rand, McLane's senior patent attorney, has extensive patent prosecution experience. Prior to joining McLane, Scott spent six years as a Patent Examiner in the United States Patent and Trademark Office. Our patent practice covers a wide variety of disciplines, including chemical, mechanical and electrical arts, software, computer science, e-commerce and business methods. We provide sophisticated patent services to clients in a wide range of industries, including electronics, manufacturing, optics, wireless communications, medical devices, software, e-commerce, chemical and agriscience. In addition to working closely with attorneys in other practicing areas, our patent attorneys assist clients with patent procurement and counseling. Our patent services cover a wide range of services including:
At times, it is prudent for companies to avail themselves to trade secret protection as opposed to patent protection. McLane's attorneys routinely work with clients to determine whether patent or trade secret protection is appropriate given the nature of the rights. McLane works with clients to establish appropriate procedures to secure and protect valuable trade secret information. Those procedures and efforts often include drafting and enforcement of non-disclosure agreements, creating internal trade secret protection procedures, negotiating trade secret licenses, and assisting clients in the pursuit or defense of litigation involving trade secret rights. CopyrightMcLane's copyright practice covers all aspects of copyright law. We routinely assist clients with copyright protection strategies relating to a wide variety of tangible creations, including software, literary works, advertising and marketing collateral, manuals, paintings, audiovisual works, music, photographs and character designs/logos. McLane's intellectual property attorneys provide counseling to clients in areas relating to copyright "fair use," registration, licensing, policing and enforcement of rights with particular emphasis in the following copyright areas:
IP LitigationLitigation is one of many options available to businesses as part of policing, enforcing and defending intellectual property rights. McLane has substantial experience litigating intellectual property disputes. Our intellectual property litigation practice involves patent, trademark, copyright, trade secret and unfair competition litigation. Intellectual Property infringement presents complex legal and factual issues. Successful representation requires a thorough understanding of both the law and science applicable to any given case. More fundamentally, however, successful IP litigation requires the kind of experience and ability that allows lawyers to distill issues to fundamental basics, and to identify those factors that lead to a successful result. McLane’s combination of intellectual property specialists and trial lawyers has led to great results on behalf of our clients. These combined talents bring together unique skill sets to ensure our clients’ success. In the event that the our client requires litigation counsel, McLane offers top lawyers with extensive experience on the local, state and national level. Our trial lawyers are increasingly retained outside of New Hampshire due to the depth of their courtroom experience. Yet, due to McLane’s location and size, McLane enjoys significantly lower overhead and is able to offer its legal services at a very competitive rate. We often find that we are able to offer our senior litigators having twenty-five or more years of experience at billing rates lower than or comparable to junior associates in firms having to pass on the high overhead associated with having offices in large metropolitan cities. For our client's litigation needs, McLane would carefully plan its approach so as to utilize associates and paralegals whenever appropriate. McLane would also utilize the appropriate electronic resources to most efficiently coordinate and manage the multi-jurisdictional litigation. REPRESENTATIVE RECENT INTELLECTUAL PROPERTY LITIGATION EXPERIENCEHampshire Paper Corporation v. Highland Supply Corporation. We obtained dismissal of a patent declaratory judgment action filed in New Hampshire based upon a lack of a justiciable controversy. Sports Authority v. PC Authority. We defended PC Authority in a trademark opposition hearing. The Sports Authority tried to stop United States trademark registration of the mark “PC Authority”. We succeeded after a full trial in which the Trademark Trial and Appeals Board of the United States Patent and Trademark Office ruled in our client's favor. Microsoft v. PC Connection. Co-counsel for Microsoft in computer software trademark and copyright infringement case in which Microsoft brought suit based upon alleged software piracy. The case settled for a confidential amount. MJM Productions v. CBS Broadcasting., Twentieth Century Fox Film Corp. and Kelley Productions, Inc., New Hampshire. We successfully defended CBS, Fox and David Kelley's production company in trademark and unfair competition action in which the plaintiffs sought an injunction to prevent the defendants from broadcasting the television series "The Brotherhood of Poland, New Hampshire”. Aprisma Management Technologies, Inc. v. Micromuse Inc. We were co-counsel in defense of a recently settled software patent infringement case in New Hampshire. Composite Concepts Co., Inc. v. Rea Wire Magnet Co., Inc. We handled a patent infringement and licensing agreement litigation in the Northern District of Indiana. Karen Morse-Babb v. Outdoor Recreation Group. We represented plaintiff in suit for trademark and copyright infringement concerning graphic illustrations and character designs used on children's backpacks in District of Massachusetts. Cedar’s Mediterranean Foods, Inc. v. Phoenicia Products, Inc. We represented a Canadian defendant in United States District Court litigation over ownership of registered trademark for middle eastern foods. The case settled on confidential terms. Eastern Mountain Sports, Inc. v. Osprey Packs, Inc. We obtained summary judgment of noninfringement for defendant in patent infringement claim involving the structure of combination back packs. J.P. Sercel Associates v. New Wave Research. We obtained dismissal of patent infringement action filed in New Hampshire based upon a prior filed action in California. Sterling Mets, LLC (New York Mets) v. Doug Boyd/Amazing Sports. We defended a New Hampshire company in a U.S. trademark opposition proceeding against the New York Mets and Major League Baseball and obtained a successful settlement which permitted our client to register and continue using the AMAZING SPORTS service mark. Citigroup Inc. v. SIAA, Inc. Successfully settled trademark dispute and avoided opposition proceeding on behalf of our client SIAA, Inc. Palm Computing, Inc. v. WPI Micro Palm, Inc. We defended New Hampshire based WPI Micro Palm, Inc. in connection with a U.S. trademark cancellation proceeding and obtained favorable settlement result with respect to MICRO PALM trademark. Fox Entertainment v. REZ-1, Inc. Successfully settled trademark dispute and avoided protracted opposition over use of CHANNEL SPEED mark on behalf of Massachusetts based client REZ-1, Inc. Kraft Food Group, Inc. v. USA Subs. Currently representing New Hampshire company in connection with trademark dispute involving Kraft's KOOL AID mark. Wooden Soldier, Inc. v. Buy Domains Successfully represented NH company in domain name arbitration proceeding and obtained arbitrator's award transferring domain name to our client. NHlottery.com Domain Name Arbitration Successfully represented NH Lottery Commission in domain name arbitration proceeding and obtained arbitration award requiring transfer of domain name to NH Lottery Commission. For further information, contact one of our Intellectual Property Attorneys at (603) 625-6464. To view articles related to this practice area, click here. |
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