Overview
– World Trademark Review
Building and protecting the identity and reputation of your brand is paramount. Whether you are launching a new product or safeguarding your brand from new competition, it’s essential to partner with strategic trademark counsel.
That’s where we come in. Our business-first perspective makes us uniquely equipped to support all aspects of your company’s growth. From global trademark registration and enforcement to identifying and licensing copyrightable material and resolving fair use disputes, we are deeply invested in your success.
We counsel hundreds of companies – from Fortune 100s to startups – on the full spectrum of their international trademark and copyright needs, protecting the integrity of some of the world’s most celebrated brands and creative works across various industries. Our deep knowledge of your key challenges, competitors, and market dynamics allows us to customize our advice to help you go further.
Our global intellectual property team works quickly and efficiently across our offices in the US and Europe to meet your needs. Whether you’re dealing with complex trademark and copyright issues or need an expedited filing, we offer around-the-clock collaboration to ensure the best results.
Capabilities
Clearance, Applications, and Portfolio Management
Our copyright and trademark lawyers offers services that span all aspects of portfolio management, including:
- Advising on the clearance, prosecution, and registration of copyrights and trademarks before the US Patent and Trademark Office and the US Copyright Office
- Advising on prioritizing brand protection resources and helping clients maximize their trademark and copyright protection budgets
- Identifying and addressing gaps in global trademark and copyright portfolios through strategic global protection and maintenance, as well as identifying trademarked and copyrighted assets when conducting due diligence in transactions
- Advising on brand architecture, rebranding, brand revitalization, brand modernization, domain name portfolio management, and other sophisticated brand enhancement services
Advertising and Promotions
Leveraging our understanding of the complex federal and state statutes and regulations that govern the marketing, labeling, promoting, and advertising of products and services, we assist our clients by:
- Reviewing and negotiating contracts and copy proposed for advertising, labeling, sweepstakes, contests, publicity and liability releases, and other types of promotions
- Ensuring that terms explicitly prevent potential violations of relevant statutes, future litigation from competitors or consumers, or potential investigations initiated by the Federal Trade Commission
- Collaborating with McDermott regulatory lawyers when dealing with the US Food and Drug Administration and trade regulation
- Navigating right of publicity and right to privacy issues and considerations related to the use of a person’s name, image, and likeness in branding
Complex Licensing and Co-Branding
We frequently provide guidance on:
- Identifying, protecting, and licensing copyrightable material
- Clearing rights and negotiating licenses around other works
- Securing brand extensions to new goods and services
- Co-branding opportunities with other brand owners
- Franchising opportunities for better trademark visibility and revenue enhancement
Our copyright and trademark lawyers also work closely with the Firm’s international tax and corporate advisory practices to provide strategic counseling on the global trademark aspects of complex, high-profile transactions, including acquisitions, spin-offs, and corporate restructurings involving the disposition of billion-dollar brands.
Domain Names
An authorized Trademark Clearinghouse agent, we offer a wide array of domain name services, including:
- Domain name acquisition and recovery
- Strategic portfolio assessments
- Online monitoring for unauthorized registrations
- Representation in domain name disputes before US federal district courts, the Internet Corporation for Assigned Names and Numbers, the World Intellectual Property Organization, and FORUM (formerly known as the National Arbitration Forum)
Social Media and E-Commerce Issues
Savvy brand owners recognize that social networking and viral marketing create extraordinary opportunities for companies and their brands to interact more directly with consumers. We help our clients with:
- Integrating legal counsel in a comprehensive way when it comes to marketing, communications, and other critical business functions to effectively (and in some cases, aggressively) launch a social media campaign
- Advising clients on fair use and distribution issues in a digital environment
- Developing tools for quickly and efficiently identifying, managing, and addressing unauthorized use (or misuse) of your brand online by third parties, including:
- Handling takedowns or other online infringement notices across online marketplaces and social media platforms
- Navigating domain name disputes
