Cole Schotz P.C.

 

Intellectual Property

OVERVIEW

Your brand. Your reputation. Your inventions and creative works. Our experienced intellectual property attorneys protect and enhance these critical business assets by securing and leveraging patents, trademarks and copyrights, managing negotiations when licensing and other opportunities arise, and resolving disputes.

As IP assets have become increasingly important in today’s web-based, technology-driven world, we help emerging tech and media companies, established enterprises and creative individuals successfully and profitably navigate the marketplace.

Harnessing IP as a Competitive Advantage
Establishing a strong brand is central to business success. Selecting protectable trademarks, service marks and trade names to represent your business and your products and services is a critical step in creating that strong brand. We advise on mark selection, conduct clearance searches, and suggest creative options and alternatives. Once a mark or trade name is selected, we register and maintain them over the lives of the marks. And, we can help you monitor competitors to ensure your rights remain protected, deter potential infringement, and enhance the value of the goodwill and name recognition associated with your IP assets.

For creative works, we assist in securing copyright protection for original writings, music, art, and other copyrightable works – protection that is imperative in the digital and artistic marketplaces and to the pursuit of infringers in court.

Where patent protection is prudent, we procure, protect and enforce the rights to innovative technology. We not only bring extensive experience to the process of applying for and obtaining patent rights in the United States and abroad, we are also well-versed developing strategies for acquiring patent rights and building portfolios that support and strengthen your business plans and goals.

We assist in

  • Assessing the scope of existing patent rights in your industry
  • Shaping research and development efforts for the best chance of developing patentable technology
  • Assessing the patentability of inventions
  • Determining the most advantageous geographic scope for patent rights
  • Securing offensive and defensive patent rights in view of competitor research and commercial activity
  • Developing strategies for the enforcement and defense of patent rights in the United States and worldwide

IP Enforcement and Dispute Resolution
Intellectual property disputes can be mission-critical or mission-crippling, whether in the form of litigation or as the result of damage to your brand name or loss in sales. When your trademarks, copyrights, patents or trade secrets are infringed, or you are accused of infringing the rights of others, we pursue the most efficient avenue that aligns with your business goals –be that through aggressive litigation to protect your interests and vindicate your rights, taking action at the United States Patent and Trademark Office or overseas IP- granting authority, or via creative, non-litigated resolutions.

We litigate in federal and state trial and appellate courts, and in administrative proceedings throughout the country, including at the Federal Circuit Court of Appeals, the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board. We also defend and challenge the validity of issued patents in post- grant proceedings at the United States Patent and Trademark Office, such as inter partes reviews, covered business method reviews, post-grant reviews and ex parte reexaminations.

A Focus on Market Potential

For those looking to realize the full market potential of their intellectual property assets, we counsel on strategies that allow the business to enter new markets confidently, online and offline, to exploit licensing and co-branding opportunities, and leverage intellectual property assets to maximize value.

IP in the Virtual Marketplace

We advise on website design protection, development and hosting agreements, terms and conditions of use statements, disclaimer statements, privacy policies, domain name registration and matters relating to the protection and assignment of domain names. We also draft, review and negotiate software license and development agreements and advise on source and object code escrow arrangements.

NEWS

News

Lessons From This Year's High Court Patent Rulings

As published in: Law360 July 2, 2018

Play-Doh Scent Registration May Serve As Trademark Model

As published in: Bloomberg BNA June 20, 2018

Patent No. 10,000,000 Shows Interest Strong Despite Risks

As published in: Law360 June 19, 2018

Copying Photo for Local Film Fest Site Didn't Infringe Copyright

As published in: Bloomberg BNA Patent, Trademark & Copyright Journal June 13, 2018

Photographers Shutter at Plan to Boost Copyright Fees

As published in: Bloomberg BNA June 4, 2018

Website Fights Standard-Setting Groups for Right to Post Free Copies

As published in: Bloomberg BNA Patent, Trademark & Copyright Journal May 18, 2018

Wake Up Call: Giuliani to Join Trump's Legal Team, Take Leave From Greenberg Traurig

As published in: Bloomberg Big Law Business April 20, 2018

Cole Schotz adds special counsel to IP group

As published in: NJBIZ April 19, 2018

IP Hires: Mayer Brown, Goldberg Segalla, Orrick

As published in: Law360 March 16, 2018

Who's on the Move?

As published in: Law.com March 14, 2018

Laterals, Moves, Law Firm Work

As published in: Bloomberg Big Law Business March 13, 2018

Cole Schotz appoints IP co-chair

As published in: World Intellectual Property Review March 13, 2018

Cole Schotz adds intellectual property co-chair

As published in: NJBIZ March 12, 2018

Cole Schotz Grows IP Group With Ex-Greenberg Partner

As published in: Law360 March 12, 2018

New Partners Yearbook 2018

As published in: New Jersey Law Journal March 8, 2018

EVENTS

Upcoming Events

Recent Events

Art Law Primer
Attorney Speaking: David M. KohaneDecember 2, 2015
A Primer on Adult Guardianship Actions, CLE presentation at the Bergen County Bar Association
Attorney Speaking: Jenny R. FlomOctober 8, 2014
Legalities of Photography
Attorney Speaking: David M. KohaneJune 8 - 9, 2013
Cyber Security: The Next Frontier, Raritan Valley Community College, Branchburg, New Jersey
Attorney Speaking: Arianna ChristopherOctober 30, 2012
Appropriation Art and Fair Use, Rutgers School of Law
Attorney Speaking: David S. GoldSeptember 19, 2012
Updates in Intellectual Law, WestLegalEd CLE Seminar and Webinar, October 26, 2011 (including presentation on use of competitors’ trademarks in Internet advertising and sponsored links)
Attorney Speaking: David M. KohaneOctober 26, 2011

PUBLICATIONS

Cole Schotz adds special counsel to IP team

World Intellectual Property Review April 23, 2018

Marcella M. Bodner
Form vs. Function: A Guide to IP Rights in Furniture and Fixtures

New Jersey Law Journal: Intellectual Property & Life Sciences Supplement April 3, 2017

Arianna Christopher
No More Laches Defense for Patent Infringement

Intellectual Property Law March 30, 2017

Michael C. Klauder
March 2017 Newsletter

Cole Schotz News March 2017