TRADEMARKS and TRADE DRESS
Practically anything is capable of functioning as a trademark, including a word, a phrase (IF IT IS GOYA IT HAS TO BE GOOD), a letter or letters (LV for pocketbooks), a number or series of numbers (346 for clothing), a pictorial scene, a smell (a fresh fruity fragrance reminiscent of oranges for paint strippers), a sound (the sound of a ringing cash register for notification services that funds have been deposited), a color (pink for insulation), packaging, (a fanciful bottle or label for alcoholic beverages) and product configurations (the shape of a lamp, for example).
Before you select, begin use of and build equity in your trademark, we suggest that a thorough search is undertaken to determine whether your selected mark may be in conflict with an already existing mark. Baker and Rannells has repeatedly been listed among the top 100 law firms by the U.S. Patent and Trademark Office for the number of trademark applications it has successfully filed each year. We have successfully prosecuted and maintain thousands of trademark applications and registrations throughout the world for our clients. Only as a result of our many years of trademark experience can Baker and Rannells assist you in selecting, filing, registering and developing your trademark.
In today’s global economy, many of our clients sell their products or offer their services outside of the United States. Baker and Rannells offers international trademark searches and we can assist you with expanding your trademark rights beyond U.S. borders. The prosecution of your trademark in the United States Patent and Trademark Office is only one aspect of Baker and Rannells’ trademark practice. Our firm has established a reputation for enforcing your trademark in the market place with enforcement actions, anti-counterfeiting measures and when necessary trademark infringement and counterfeiting actions in the Federal Courts. We can also assist you with transactional matters including the purchase and/or sale of companies and the good will associated with their trademarks and trademark licensing.
Unlike many competing law firms that bill their clients entirely at hourly rates, many aspects of Baker and Rannells’ trademark practice are billed at flat fixed rates.
Feel free to contact Baker and Rannells for a free trademark consultation. More detailed information regarding trademarks can be obtained from the United States Patent and Trademark Office website, www.uspto.gov.
Practically anything is capable of functioning as a trademark, including a word, a phrase (IF IT IS GOYA IT HAS TO BE GOOD), a letter or letters (LV for pocketbooks), a number or series of numbers (346 for clothing), a pictorial scene, a smell (a fresh fruity fragrance reminiscent of oranges for paint strippers), a sound (the sound of a ringing cash register for notification services that funds have been deposited), a color (pink for insulation), packaging, (a fanciful bottle or label for alcoholic beverages) and product configurations (the shape of a lamp, for example).
Before you select, begin use of and build equity in your trademark, we suggest that a thorough search is undertaken to determine whether your selected mark may be in conflict with an already existing mark. Baker and Rannells has repeatedly been listed among the top 100 law firms by the U.S. Patent and Trademark Office for the number of trademark applications it has successfully filed each year. We have successfully prosecuted and maintain thousands of trademark applications and registrations throughout the world for our clients. Only as a result of our many years of trademark experience can Baker and Rannells assist you in selecting, filing, registering and developing your trademark.
In today’s global economy, many of our clients sell their products or offer their services outside of the United States. Baker and Rannells offers international trademark searches and we can assist you with expanding your trademark rights beyond U.S. borders. The prosecution of your trademark in the United States Patent and Trademark Office is only one aspect of Baker and Rannells’ trademark practice. Our firm has established a reputation for enforcing your trademark in the market place with enforcement actions, anti-counterfeiting measures and when necessary trademark infringement and counterfeiting actions in the Federal Courts. We can also assist you with transactional matters including the purchase and/or sale of companies and the good will associated with their trademarks and trademark licensing.
Unlike many competing law firms that bill their clients entirely at hourly rates, many aspects of Baker and Rannells’ trademark practice are billed at flat fixed rates.
Feel free to contact Baker and Rannells for a free trademark consultation. More detailed information regarding trademarks can be obtained from the United States Patent and Trademark Office website, www.uspto.gov.
COPYRIGHTS
A copyright is (international symbol: ©) a set of exclusive rights regarding the use of a particular expression of an idea or information. In other words, it is literally "the right to copy" an original creation. It is also the least expensive form of protection that can be acquired by authors of “original works of authorship.” An original work of authorship includes:
• movies
• books
• music
• photographs
• computer programs
• architectural works, including blue prints and maps
Baker and Rannells can assist you in obtaining a copyright registration for your original work of authorship. Once registered, we can also assist you with the development of licensing and/or distribution agreements so that you can collect royalties on your original work of authorship. We represent musicians, actors, artists, television producers, and authors, as well as Fortune 500 companies and other organizations. Baker and Rannells has the experience and expertise to assist you in preventing the infringement of your copyrights, and seeking damages from infringers. We also have expertise in defending clients against claims of infringement. Our attorneys excel at handling all types copyright matters.
If you would like to discuss these or any other intellectual property concerns, we encourage you to contact any of our attorneys. More information regarding copyrights can be found at the U.S. Copyright Office website, www.copyright.gov.
A copyright is (international symbol: ©) a set of exclusive rights regarding the use of a particular expression of an idea or information. In other words, it is literally "the right to copy" an original creation. It is also the least expensive form of protection that can be acquired by authors of “original works of authorship.” An original work of authorship includes:
• movies
• books
• music
• photographs
• computer programs
• architectural works, including blue prints and maps
Baker and Rannells can assist you in obtaining a copyright registration for your original work of authorship. Once registered, we can also assist you with the development of licensing and/or distribution agreements so that you can collect royalties on your original work of authorship. We represent musicians, actors, artists, television producers, and authors, as well as Fortune 500 companies and other organizations. Baker and Rannells has the experience and expertise to assist you in preventing the infringement of your copyrights, and seeking damages from infringers. We also have expertise in defending clients against claims of infringement. Our attorneys excel at handling all types copyright matters.
If you would like to discuss these or any other intellectual property concerns, we encourage you to contact any of our attorneys. More information regarding copyrights can be found at the U.S. Copyright Office website, www.copyright.gov.
• drawings
• works of art
• textile and jewelry designs
• lyrics
• paintings
• works of art
• textile and jewelry designs
• lyrics
• paintings
PATENTS
A patent is a legal instrument by which people and companies define their legal property. It is best to conceptualize a patent as an intellectual property deed. Just as a deed for property defines the measurements, description, meets and bounds of a property, it simultaneously provides a clear indication in the event of a trespasser or an encroachment to the property. The language of a patent is designed and used such that a lawyer or skilled patent practitioner can assess if anyone is infringing a patented invention or product. Each country however, has different rules about how and what you can claim as your invention. It is for these and other reasons that wise inventors hire skilled professionals to prepare and prosecute their patent applications.
In order for an invention to be patentable it must be useful, novel and non-obvious as defined in the patent law. However, there are time limitations which might bar an inventor from obtaining patent protection for his invention. The most important of these is the one-year bar, which provides that an invention cannot be patented if: “the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States.” 35 U.S.C. § 102(b).
There are three types of patents:
Prior to the first consultation, we recommend that you do a quick search on the Internet or try a search on the website for the United States Patent and Trademark Office website at www.uspto.gov to see what related inventions already exist. We will however be happy to do a quick search, or a more detailed search, to determine if your invention is patentable if you decide to hire us to represent you.
If you decide to engage our law firm to assist you, we will ask that you complete a more lengthy disclosure form.
A patent is a legal instrument by which people and companies define their legal property. It is best to conceptualize a patent as an intellectual property deed. Just as a deed for property defines the measurements, description, meets and bounds of a property, it simultaneously provides a clear indication in the event of a trespasser or an encroachment to the property. The language of a patent is designed and used such that a lawyer or skilled patent practitioner can assess if anyone is infringing a patented invention or product. Each country however, has different rules about how and what you can claim as your invention. It is for these and other reasons that wise inventors hire skilled professionals to prepare and prosecute their patent applications.
In order for an invention to be patentable it must be useful, novel and non-obvious as defined in the patent law. However, there are time limitations which might bar an inventor from obtaining patent protection for his invention. The most important of these is the one-year bar, which provides that an invention cannot be patented if: “the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States.” 35 U.S.C. § 102(b).
There are three types of patents:
- Utility patents may be granted to anyone who invents or discovers any new and useful process (such as the process for making a chemical or a drug), machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
- Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture (such as a jewelry design or a feature for a shoe or sneaker); and
- Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
- Vague concepts or ideas, or statements of intended results without teaching how to apply the ideas or accomplish the results;
- Laws of nature such as gravity, magnetism or other physics principles;
- Mathematical algorithms; and
- Purely mental processes.
Prior to the first consultation, we recommend that you do a quick search on the Internet or try a search on the website for the United States Patent and Trademark Office website at www.uspto.gov to see what related inventions already exist. We will however be happy to do a quick search, or a more detailed search, to determine if your invention is patentable if you decide to hire us to represent you.
If you decide to engage our law firm to assist you, we will ask that you complete a more lengthy disclosure form.
LICENSING AGREEMENTS, MANUFACTURING AGREEMENTS AND INTERNET OR E-COMMERCE AGREEMENTS
Licensing agreements, manufacturing agreements and Internet (or e-commerce agreements) are vital to today's businesses so that they can capitalize upon and exploit their intellectual property rights. Most companies rely heavily on the revenues and royalties they receive from licensed products and therefore the underlying protection of the intellectual property itself has become paramount. Indeed, licensing agreements have become more complex and challenging to even the most experienced business people. Whether your business owns the intellectual property or is acquiring rights to the intellectual property, it is important to be represented by attorneys experienced in such transactions.
Baker and Rannells possesses the experience, knowledge and skill necessary to negotiate and prepare the appropriate agreement to maximize the return on intellectual property rights. Let us help you create a program that protects your intellectual property from theft and infringement and avoid the pitfalls of unfair competition laws or poorly drafted language which can render intellectual property rights unenforceable.
Our attorneys are also experienced in the litigation that can result from breaches of licensing agreements or the unlawful appropriation of your intellectual property by pursuing such action throughout the world.
Licensing agreements, manufacturing agreements and Internet (or e-commerce agreements) are vital to today's businesses so that they can capitalize upon and exploit their intellectual property rights. Most companies rely heavily on the revenues and royalties they receive from licensed products and therefore the underlying protection of the intellectual property itself has become paramount. Indeed, licensing agreements have become more complex and challenging to even the most experienced business people. Whether your business owns the intellectual property or is acquiring rights to the intellectual property, it is important to be represented by attorneys experienced in such transactions.
Baker and Rannells possesses the experience, knowledge and skill necessary to negotiate and prepare the appropriate agreement to maximize the return on intellectual property rights. Let us help you create a program that protects your intellectual property from theft and infringement and avoid the pitfalls of unfair competition laws or poorly drafted language which can render intellectual property rights unenforceable.
Our attorneys are also experienced in the litigation that can result from breaches of licensing agreements or the unlawful appropriation of your intellectual property by pursuing such action throughout the world.
DOMAIN NAME DISPUTES
Whether objecting to another party’s domain name, or receiving an objection concerning your domain name, the first step is to determine your rights. Baker and Rannells can assist you in such matters since domain names and trademark rights go hand in hand. The final outcome of any domain name dispute may result in the cancellation or transfer of a domain name from one party or the other. If an amicable resolution is not reached, the parties have two options: arbitration or litigation.
Arbitration: Arbitration is governed by the rules and regulations set forth in the Uniform Domain Dispute Resolution Policy (“UDRP”) developed by ICANN (Internet Corporation For Assigned Names and Numbers). When a person registers a domain name with any of the ICANN approved registrars, that person becomes contractually bound to the UDRP rules and regulations for arbitration. Arbitration is on a fast-track, it is geographically unlimited, and is a relatively inexpensive means of resolving ownership issues. There are only two remedies available in arbitration: cancellation or transfer of the domain name in issue.
To succeed, a party must establish each of the following elements:
For a more in-depth explanation, please feel free to contact Baker and Rannells for a free consultation and visit the ICANN website at www.icann.org.
Whether objecting to another party’s domain name, or receiving an objection concerning your domain name, the first step is to determine your rights. Baker and Rannells can assist you in such matters since domain names and trademark rights go hand in hand. The final outcome of any domain name dispute may result in the cancellation or transfer of a domain name from one party or the other. If an amicable resolution is not reached, the parties have two options: arbitration or litigation.
Arbitration: Arbitration is governed by the rules and regulations set forth in the Uniform Domain Dispute Resolution Policy (“UDRP”) developed by ICANN (Internet Corporation For Assigned Names and Numbers). When a person registers a domain name with any of the ICANN approved registrars, that person becomes contractually bound to the UDRP rules and regulations for arbitration. Arbitration is on a fast-track, it is geographically unlimited, and is a relatively inexpensive means of resolving ownership issues. There are only two remedies available in arbitration: cancellation or transfer of the domain name in issue.
To succeed, a party must establish each of the following elements:
- That the complained of domain name is identical or confusingly similar to the party’s domain name or trademark;
- That the alleged infringer has no legitimate rights in the domain name, and;
- That the domain name is being used and/or was registered in “bad faith.”
For a more in-depth explanation, please feel free to contact Baker and Rannells for a free consultation and visit the ICANN website at www.icann.org.
ENTERTAINMENT LAW
The music industry is a constantly changing mixture of traditional and newly emerging structures and formats for the exploitation of creative endeavors, presenting local and global challenges and opportunities. The business is interdisciplinary in nature, a combination of intellectual property issues (i.e., trademarks, copyrights, unfair competition, licensing), transactional needs (drafting and negotiating of contracts), and domestic and international law concerns. The law practice of Baker and Rannells is a synergistic amalgam of related areas of law that enable us to provide broad-based, integrated, educated, experienced, and hands-on services to our clients.
Our clients in the entertainment industry include artists, producers, songwriters, production companies, record labels, managers, actors, Internet based enterprises, merchandisers, and endorsers and sponsors of entertainment property and persons. Whether starting a career or business, or expanding an established career or company, our firm can meet your entertainment needs. We are experienced in counseling clients, filing, prosecuting, litigating, maintaining and protecting intellectual property rights, and drafting and negotiating a wide range of agreements, including recording, music publishing and administration, production, producer, management, distribution, touring, merchandising, corporate endorsement and sponsorship, license, Internet, and book publishing agreements.
The music industry is a constantly changing mixture of traditional and newly emerging structures and formats for the exploitation of creative endeavors, presenting local and global challenges and opportunities. The business is interdisciplinary in nature, a combination of intellectual property issues (i.e., trademarks, copyrights, unfair competition, licensing), transactional needs (drafting and negotiating of contracts), and domestic and international law concerns. The law practice of Baker and Rannells is a synergistic amalgam of related areas of law that enable us to provide broad-based, integrated, educated, experienced, and hands-on services to our clients.
Our clients in the entertainment industry include artists, producers, songwriters, production companies, record labels, managers, actors, Internet based enterprises, merchandisers, and endorsers and sponsors of entertainment property and persons. Whether starting a career or business, or expanding an established career or company, our firm can meet your entertainment needs. We are experienced in counseling clients, filing, prosecuting, litigating, maintaining and protecting intellectual property rights, and drafting and negotiating a wide range of agreements, including recording, music publishing and administration, production, producer, management, distribution, touring, merchandising, corporate endorsement and sponsorship, license, Internet, and book publishing agreements.
ANTI-COUNTERFEITING
Among the attorneys at Baker and Rannells, is a former prosecutor who is experienced in the investigation and prosecution of intellectual property counterfeiting matters. Anti-counterfeiting expertise is unique to Baker and Rannells, and is needed to protect and enforce the trademark and copyright portfolios of our most famous clients. We have developed anti-counterfeiting programs, which include the safeguarding, monitoring and enforcement of intellectual property and when necessary, we have instituted litigation proceedings to obtain seizure orders and injunctions. Such immediate action is necessary to prevent the continued proliferation of counterfeit goods that can cause immeasurable harm to our clients and their licensees. We also have experience in obtaining seizures of counterfeit product at manufacturing locations, wholesale locations, retail stores, flea markets and at other events. We have successfully represented our clients against infringers and counterfeiters which range from individually operated website owners to public companies with well-known chain stores throughout the United States.
Among the attorneys at Baker and Rannells, is a former prosecutor who is experienced in the investigation and prosecution of intellectual property counterfeiting matters. Anti-counterfeiting expertise is unique to Baker and Rannells, and is needed to protect and enforce the trademark and copyright portfolios of our most famous clients. We have developed anti-counterfeiting programs, which include the safeguarding, monitoring and enforcement of intellectual property and when necessary, we have instituted litigation proceedings to obtain seizure orders and injunctions. Such immediate action is necessary to prevent the continued proliferation of counterfeit goods that can cause immeasurable harm to our clients and their licensees. We also have experience in obtaining seizures of counterfeit product at manufacturing locations, wholesale locations, retail stores, flea markets and at other events. We have successfully represented our clients against infringers and counterfeiters which range from individually operated website owners to public companies with well-known chain stores throughout the United States.
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