Patents
In order for an invention to be eligible for patent protection, an invention must meet the following f our criteria (1) new (2) non-obvious (3) useful (4) true first inventor. The Law Firm advises on all aspects of Strategic Patenting of IP including:
- Trade Secret Analysis
- Patent Searches
- Patent availability opinions
- Patent validity opinions
- Patent Infringement opinions
- Patent Prosecution
- Proceedings before the board
Trademarks
A Trademark or Service Mark identifies your product or service to the consumer. A trade dress identifies your product’s packaging to the consumer. The Law Firm advises on all aspects of Trademark Law including:
- Availability searches and opinions
- Infringement analysis and opinions
- Registration of the mark (national and international), monitoring of the mark
- Opposition proceedings to defend mark against infringement
- Cancellation proceedings to quash abandoned marks
- Trademark infringement litigation, unfair competition issues, and trade secret issues
Copyrights
A copyright protects an original work of authorship embodied in some physical medium, writing or recording. Copyright right protects literary works, sound recording, music sheets, art, photography, architectural works. The Law Firm advises on all aspects of Copyright Law including:
- Registration of works
- Litigation of works
Intellectual Property Litigation
As a small boutique firm, Attorney James has had to deal with complex intellectual property litigation issues. Most of her experience has been in trademark litigation defense handling defense cases against large corporations such as Link, AAA, Intel, and Microsoft for small businesses. As it relates to LINK, AAA, BREAKFAST CLUB and INTEL, the small businesses had been in business at least five (5) years prior to receiving a cease and desist letter. As it related to Microsoft, the client was unfamiliar with the trademark counterfeiting and copyright laws as it relate to his acquired products. Relating to the Breakfast Klub in Houston, a restaurant in Washington DC was attempting to coerce the business into a substantial settlement. Through diligent discovery and communication with the Washington DC Code division it was finally shown that the Breakfast Club in Washington DC was illegal and the owner of the restaurant was later arrested. Through diligent representation, Attorney James was able to reach a favorable settlement beyond the initial expectations of the scope of the initial facts of the case. As a plaintiff attorney, Attorney James won a copyright infringement case on summary judgment. Additionally, she represented Vincent Paul Young Jr. which was a difficult case, but she had the opportunity to practice within the TTAB and transition to federal court. She was able to negotiate a favorable settlement on his behalf. She also defended World Health Products against Global Healing and negotiated a favorable settlement through the Fifth Circuit in New Orleans. She currently represents Sarco Creek in a TTAB preceding that has been transitioned into Federal Court. Through her litigation experience she has gained insight into the copyright, trademark and patent registration requirements.
IP Portfolio Management
Our firm partners with their clients to help catalogue and manage their valuable IP assets. We also perform IP Audits and Due diligence analysis.
- Perform Initial Audit
- Provide recommendations based upon audit
- Provide implementation plan based upon audit
Entertainment Law
Our firm advises on legal aspects of Entertainment Law including:
- music and literary licensing
- protecting IP rights
- publisher and distribution agreements
- litigation of agreements in court
Software Protection
Our firm advises on IP rights as it relates to software including patents, trade secrets, copyrights, and trademarks. The software product is evaluated and the best level of protection is selected. Copyrights protect the expression not the idea of the expression. Patents protect the physical embodiment of the idea. Trade secrets can protect both the expression and the physical embodiment. Trademarks protect the software name or logo. The firm services include:
- licensing
- custom software development agreements
- dealing with defective software
- UCC issues, and all other pertinent legal issues that relate to software
Additionally, The Law Firm supports all types of Information Technology or Computer Agreements including:
- software licensing
- development, assignment
- confidentiality
- marketing
- distribution
- outsourcing
- internet and web development
- help desk
- end user licensing
- consulting
- procurement
- transfer
- assignment electronic database