Brody Wilkinson’s Business Group provides legal counsel to clients of all sizes in matters related to trademark, copyright and Internet law. In each of these areas, we devise strategies to enable our clients to create, build and protect business value.
Successful brand management often begins with the strategic selection of trade names and registration of trademarks. Equally important, is the ongoing maintenance and monitoring that is required to preclude use of trademarks by other entities. We pre-screen trademarks for preliminary clearance, perform research and analysis of trademarks for Federal and State availability, and file trademark applications at both levels. We counsel clients on use, maintenance and exploitation of trademarks and provide ongoing support to protect the integrity of trademarks. In cases of third-party infringement, we provide appropriate and cost-effective trademark enforcement strategies. We take the same approach to protecting and enforcing copyrightable material, including music, art, literature and design.
Included among the clients we represent in trademark, copyright and Internet law matters are technology companies, e-commerce businesses, non-profit foundations, medical professionals, athletes, artists, authors and designers. In addition, we assist businesses of all types with the inherent legal issues surrounding company websites such as terms of use, privacy and data protection policies, sales tax requirements for online sales, and blog and miscellaneous third-party content liability.
The Business Group handles a wide range of matters for clients, including, but not limited to:
- Brand management
- Children’s Online Privacy Protection Act (COPPA) compliance
- Copyright clearance, registration, maintenance & enforcement
- Digital Millennium Copyright Act (DMCA) compliance
- Information security liability
- Internet law
- Marketing, distribution, licensing & sublicensing
- PCI compliance for online vendors
- Privacy & data protection policies
- Software licensing
- Technology protection & transfers
- Terms & conditions of sale
- Trademark clearance, registration, maintenance & enforcement
- Trademark portfolio development
- Website law issues
Representative matters include:
Negotiation of an endorsement and licensing agreement between a client and a major consumer products company for a client-branded sports drink.
Prosecution of trademark applications with the U.S. Patent & Trademark Office for the charity of a Major League Baseball player.
Prosecution of a trademark application for a digital media company.
Representation of a national hotel group in connection with trademark clearance counseling.
Representation of a newly formed Connecticut-based non-profit in connection with trademark clearance counseling.
Representation of a music video producer in connection with copyright issues.
Representation of a professional hockey team in connection with trademark and copyright issues.
Representation of a medical practice in connection with a trademark infringement matter.
Representation of a Connecticut-based non-profit website specializing in children’s musical education in preparing a privacy policy, terms of use; and terms and conditions of sale.
Representation of a multi-state wine retailer in preparing a privacy policy and terms of use for their website.