Intellectual Property

Hartman Titus represents clients in a full range of intellectual property matters, including patents, trademarks, copyrights, and trade secrets.  We are abreast of the latest legal issues impacting websites, blogs and e-commerce businesses, and offer intellectual property audit services to help our clients confidently compete in today’s global business environment.

Patents

The firm prepares and prosecutes U.S. patent applications and their international counterparts across a broad range of technologies. We have experience with technology in the electrical, mechanical, chemical and biomedical areas, and direct experience in scientific research, applied science and engineering.  We offer a sophisticated understanding of client technologies and objectives, coupled with extensive experience in the substance and mechanics of the patent system. Our services include searching, application preparation and prosecution, and opinions.

Our attorneys have experience enforcing patents and defending claims of patent infringement in federal court.  To protect our clients, we vigorously pursue those that engage in patent infringement, and we are proactive in assisting clients avoid infringement claims.  We also are skilled in the area of patent licensing and have helped patent holders discover the competitive benefits and revenue that can come from a robust patent enforcement and licensing program.

Trademarks

Your brands are at the core of your company’s worth. Our attorneys provide advice, counseling, and litigation services to create, secure and protect your trademarks, branding, advertising, and marketing programs, both domestically and abroad. Our clients range from start-ups to well established companies. 

Our attorneys have extensive experience in the selection, adoption and protection of trademarks and corporate names, and in the management of large trademark portfolios, both in the U.S. and worldwide. Our attorneys evaluate potential trademarks and advise on registrability and protectability. We file and prosecute domestic and treaty-based trademark applications, and work with foreign counsel to prosecute national applications and maintain registrations around the world. In addition, our attorneys have considerable expertise in the areas of trademark licensing and merchandising, as well as the legal issues involved with advertising, branding and marketing.

Our attorneys have experience litigating trademark issues in state and federal courts and in opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office.  We have obtained injunctions preventing ongoing trademark infringement and have handled some of the earliest administrative and District Court proceedings involving domain name “cyber-squatting” and trademark infringement on the Internet.

Copyright

Our attorneys help clients with the procurement, transfer and license of copyright works. We help clients understand the complicated ownership issues that arise when employees, independent contractors, and joint venturers contribute to the creation of copyright-protected materials.  When necessary, we have litigated claims of copyright infringement in the federal courts, including claims related to the unauthorized use of Internet content, printed publications, sculptural works, and other media.  We also help our clients ascertain the permissible quantity and quality of material that may be used without the permission of the copyright owner under the “fair use” doctrine.

Our attorneys assist clients in the filing of applications for copyright registration across the entire spectrum of copyrightable works. We also regularly help clients avoid problems or respond to challenges received from various Intellectual Property rights organizations, especially with regard to alleged copyright infringement related to music or software.

We also have experience with the unique copyright issues revolving around residential design and construction.

Internet Law

We are a technology-driven firm that understands the unique and emerging legal issues related to computer software and the internet.  Conducting business on the Internet puts new light on familiar legal issues and raises a whole new series of legal challenges that can change as fast as the technology itself. 

Our attorneys have experience in the areas of web site development agreements; click-wrap agreements; co-branding agreements; computer hardware and software development and licensing agreements; copyright notices under the Digital Millennium Copyright Act; domain name selection, registration and disputes; electronic document retention and litigation policies; online sweepstakes, promotions and advertising; outsourcing agreements; and Web site terms of use, privacy policies, and message board rules and regulations.

Trade Secrets

Trade secrets can be a company’s most valuable intellectual property right. Trade secrets can include any business, scientific, technical, economic, or engineering information, processes or devices having commercial value that are treated as confidential and are not generally known to, or readily ascertainable by, others.

We help our clients analyze the circumstances in which they should protect their confidential information, ideas and property as trade secrets in lieu of other forms of intellectual property protection (i.e., patents, trademarks and copyrights). To keep those trade secrets “secret,” we draft confidentiality/non-disclosure agreements, non-compete agreements, employment agreements, consulting agreements, invention development and assignment agreements, manufacturing and distribution agreements, and a variety of licensing agreements.

Intellectual Property Audits

Many companies do not fully understand the scope and value of their intellectual property assets or the steps required to protect, secure, defend, and enforce those assets.

Our attorneys can provide an intellectual property audit of your company to help you:

  • Identify intellectual property assets, how they are used in your business, and whether they are properly secured and protected
  • Secure those assets through appropriate employment agreements, confidentiality agreements, and internal processes necessary to maintain trade secrets
  • Create long-term procedures for developing intellectual property and ensuring intellectual property is timely and adequately protected and utilized
  • Educate your management team, employees and agents about intellectual property matters and the benefits and risks associated with intellectual property
  • Minimize risk of forfeiting your intellectual property rights
  • Safeguard yourself against unintentionally violating the intellectual property rights of others, including conducting patent and trademark searches, software audits, and a review of agreements with employees, independent contractors, and licensors