Intellectual Property

Intellectual property, or “IP” for short, refers to “creations of the mind” — something that comes from your imagination.

These “creations” include things like inventions, brand names, logos, books, songs, and secret recipes.

Intellectual property can be extremely valuable (e.g., the goodwill associated with Nike’s brand) and subject to theft or improper use or sale. A core objective of IP law is to protect inventors and creators from these concerns.

How We Can Help

We help people, businesses, and brand owners that have intellectual property needs involving Trademarks, Copyrights, and Trade Secrets.

Registration

Mistakes made during registration can be costly. All trademark and copyright applications we pursue are handled by an experienced IP attorney—made available to you from day one. Call now for a free quote (305) 590-5665 or email intake@boehringerlaw.com.

Enforcement and Policing

Strong brands police their marks. Schedule a free consultation with a seasoned IP attorney to learn what enforcement options may be available.

Litigation

IP lawsuits are complex and the stakes are often high. Boehringer Law represents businesses, creators, and brand owners who need help navigating these rough waters. Our team works with each client to create a customized representation tailored to their needs. We work with both plaintiffs and defendants on matters involving:

Trademark infringement
Trademark dilution and tarnishment
Copyright infringement
False advertising
Counterfeiting
Cybersquatting
Trade Secret violations (e.g., DTSA, FUTSA)
Computer abuse violations (e.g., CADRA, CFAA)

Consulting

Intellectual property rights can get complicated. We help people understand what their rights are and the best way to protect them.

Contract Drafting and Review

There are many types of contracts and agreements used to protect, define, and transfer intellectual property rights. Common agreements include:

licensing and assignment agreements
non-disclosure agreements (NDA)
work-made-for-hire agreements
confidentiality agreements
ownership agreements
transfer agreements.

If you’re in need of a contract or have one for review, we may be able to help. Call (305) 590-5665 or email intake@boehringerlaw.com to schedule a free consultation with an intellectual property attorney.

Licensing

Through legal agreements, owners of IP can license their rights to other people or companies. Typically, the party borrowing the IP (the licensee) pays the IP owner (the licensor). The rights granted to the parties depend on the type of license issued (e.g., exclusive vs non-exclusive)

We help clients maneuver the complex world of IP licensing. Our services include:

Consulting
Contract negotiating
Contract drafting and review
Enforcement and policing
Litigation

Click here to schedule a free consultation. We’re available 24/7.

TRADEMARKS

What is a Trademark?

Trademarks protect brands. They are any word, symbol, or slogan that uniquely identify your business, your products, or your services. Common examples include: business names, names of goods or product lines, logos, slogans, and jingles. In certain situations, a unique scent can even qualify.

Trademarks exist to protect both the consumer and the mark owner. The world is filled with endless options for goods and services, which can get quite tricky to navigate. Trademarks allow consumers to easily identify the source, quality, and authenticity of the goods/services they are seeking. With reputation on the line, there is also an incentive for businesses to provide goods/services of quality — if not, the consumer will learn to avoid it.

In exchange for consumer protection, trademark owners are rewarded. Beyond the fact that less consumer confusion can lead to increased exposure, and in turn sales, trademarks are the bedrock to brand building. They act as a vehicle to both protect and grow your brand.

Trademarks can also carry tremendous economic value through what is called “goodwill”. While goodwill is very hard to calculate, it’s relatively simple to understand. Goodwill, in its purest form, represents how much the trademark is worth. Take a mark like Apple or Google, now consider how much value having one of those brand names on a product would be. That value is the mark’s goodwill.

Who are Trademarks for?

Any person or business looking to build a strong brand should consider trademark protection. While trademark rights can be acquired simply by continuously using a unique mark in commerce over time, the strongest level of protection is a federal trademark obtained through the USPTO. Unlike other forms of intellectual property, trademark protection lasts for as long as you maintain your mark.

To better understand if a trademark is right for you, call now for a free consultation.

The Registration Process

The United States Patent and Trademark Office (USPTO) is responsible for issuing trademarks. In order to obtain a trademark, you are required to submit an application to the USPTO, which will determine if your mark qualifies for protection. It’s helpful to view the registration process in 6 steps:

Step 1: Determine if a trademark is right for you

Intellectual property rights all serve different purposes and are not for everyone. It’s important to learn whether a trademark is appropriate for your needs.

Step 2: Select a strong mark

Not all marks are registrable, and certain factors can impact the likelihood of approval. For example, functional and generic marks are not protectable nor are marks that are confusingly similar to another, already existing mark. Before submitting a trademark application, it is important to ensure your mark is strong and will have a high chance of approval.

Step 3: Prepare and submit application

Applications are submitted through the USPTO at https://www.uspto.gov/. A standard application costs $350 per international class. The registration process generally takes several months and sometimes more than a year.

Step 4: Work with examining attorney

Once the format of the application is approved, it moves on to the examining attorney. The examining attorney is responsible for reviewing applications to ensure they comply with applicable rules and statutes. If an issue exists precluding registration, the examining attorney will issue a refusal through what’s called an “office action”. You must respond to the office action within three months (one extension is possible for a fee) explaining why the application should not be refused. If you do not overcome the office action, your mark will not move on.

Step 5: Official Gazette

If the examining attorney approves your application, it will move on to the Official Gazette, a weekly publication by the USPTO containing marks that have made it past the examining attorney. This is an opportunity for existing brands to oppose your mark. If after 30 days of publication on the Gazette there is no opposition, your mark will become registered, and you will receive a certificate of registration.

Step 6: Maintain your mark

Strong brands police their marks. The prudent trademark owner takes steps to ensure their marks are protected and enforced. Trademarks also have renewal requirements, so it is important to keep up with your registration.

Why Hire Us?

Trademarks can be very powerful and are often overlooked and misunderstood. Boehringer Law works closely with clients to customize our approach to your needs. We handle the full range of trademark services, including registration, consulting, enforcement, and litigation. For more information about how we can help, schedule a free consultation now.

COPYRIGHTS

Copyrights

What is a Copyright?

Copyrights protect authors of original creative works. This includes things like movies, books, plays, songs, source code, photos, paintings, sculptures, and architecture.

Copyrights have two requirements: (1) the work must be original (i.e., was it created without copying someone else) and (2) the creation must be “fixed” (i.e., is it captured in a tangible, stable, and permanent medium, such as being written on paper or saved on a computer).

Once these two requirements are met, a copyright is automatically granted for the creative work

How do you get a Copyright?

Most people are copyright owners; they just don’t know it. A copyright automatically issues once an original creative work has been created. And rights can instantly be enjoyed by the owner.

You might be thinking, why would I ever register my copyright if rights automatically exist? The answer is simple. Because you get more rights. Key benefits to registration include: the right to sue, statutory damages for infringement, a legal presumption of a valid copyright, and public record of ownership.

Unlike trademarks, not every copyright needs to be registered. Imagine registering every original photograph you’ve ever taken — this would be tremendously time-consuming and of little value. But certain copyrights do deserve the protection of registration. Take for example highly valuable source code or a professional photographers’ pictures. These would be much more likely to benefit from registration. Our team at Boehringer Law works 1-on-1 with clients to help you navigate these tough decisions.

Types of Creative Works

Literary Works: Works—other than audiovisual works—expressed in words, numbers, or other verbal/numerical symbols, such as books, periodicals, manuscripts, poetry, articles, computer software, and databases.
Musical Works: Musical compositions, including any accompanying words.
Dramatic Works: A composition that portrays a story that is intended to be performed for an audience such as plays, musicals, or operas. Dramatic works can include accompanying music.
Pantomimes and Choreographic Works: The detailed steps and physical routines fixed through written notation or recorded on video. Unlike a choreographic work, a pantomime usually imitates or caricatures a person, situation, or event. While choreography is typically performed with a musical accompaniment, pantomime is commonly performed without music or measured rhythm.
Pictorial, Graphic, and Sculptural Works: Two-dimensional and three-dimensional works of fine, graphic, and applied art.
1: Pictorial: includes paintings, photos, drawings, maps, and charts
2: Graphic: includes: commercial illustrations, prints, and art-reproductions
3: Sculptural includes: sculptures, statues, carvings, and jewelry
Motion Pictures and Audiovisual Works: Motion pictures are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. Audiovisual works are a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds.
Sound Recordings: Works that result from the fixation of a series of musical, spoken, or other sounds, such as an audio recording of a song or an audiobook.
Architectural Works: The design of a building as embodied in any tangible medium of expression, including a building, architectural plans, and drawings.

The Registration Process

The United States Copyright Office is responsible for issuing copyright registrations. In order to register your copyright, you are required to submit an application to copyright office, which will determine if your work qualifies for protection.

To register a copyright, you must submit (1) a completed application form, and (2) a copy or copies of the work(s) to be registered. Most works can be submitted electronically, however, under certain circumstances, physical submission by mail may be required.

Generally, you can only register one work per application. However, there are some exceptions to this, such as for collective works (when several independent contributions are assembled into a collective whole). The cost per registration depends on several things, including the type and number of works contained in the application.

Why Hire Us?

Boehringer Law offers the complete spectrum of copyright services. From assistance with the application process to infringement lawsuits, and everything between, our experienced team is dedicated to ensuring all your copyright needs are met.

TRADE SECRETS

Trade Secrets

What is a Trade Secret?

While the definition of a trade secret can vary slightly by state, most have adopted some version of the Uniform Trade Secrets Act (UTSA). UTSA defines a trade secret as information, including formulas, patterns, compilations, programs, devices, methods, techniques, and processes, that (1) derives independent economic value from not being generally known or readily ascertainable by people who may obtain economic value from its disclosure or use, and (2) is the subject of reasonable efforts to maintain its secrecy.

Given how broad trade secrets are defined, most businesses possess them. Trade secrets, when properly protected, can be a vital component to a business’ success. Unlike other forms of intellectual property, trade secrets are not registered. Instead, trade secret owners must take affirmative measures to adequately maintain their secrecy. Examples include protecting disclosure with confidentiality agreements and password protecting the location the information is maintained.

Why Hire Us?

When it comes to trade secrets, we offer three services:

1: Consultation – we work 1-on-1 with clients to help determine what trade secrets they may possess and can help develop a personalized plan for protection and ensuring secrecy.

2: Pre-Suit Enforcement – misappropriation of trade secrets can lead to irreparable harm. We help businesses and individuals enforce their rights where a competitor or third party has obtained or used their trade secrets.

3: Litigation – We represent individuals and businesses who have had their trade secrets misappropriated or who stand accused of such theft.

Trade secret disputes are complex and can get very stressful. Our team has significant experience working with trade secrets and guiding clients through this process. Click here to schedule a free consultation now.

You only get one chance at justice. Let's get it right.

For more information on how we may be able to assist with your intellectual property needs, please call (305) 590-5665 or emailing intake@boehringerlaw.com. We’re available 24/7!