copyright

TRANSACTIONS. Copyright is an inexpensive yet powerful tool that individuals and businesses use to protect valuable original works of authorship. Most any literary (including computer source code), graphic, pictorial, sculptural, audiovisual, or performance work is protected by copyright once it is "fixed" in a tangible medium. However, one needs a copyright registration to enforce the copyright against unauthorized use. We educate you about copyright fundamentals so that you can preserve your rights through timely filing of your copyright applications. We help you manage those rights by assisting you with any subsequent assignment or licensing of the work.

LITIGATION. We typically represents plaintiffs who wish to assert their copyrights against defendants who have infringed their copyrighted work. We start by ensuring that you have an enforceable copyright registration and then seek to resolve the matter with the defendant through negotiations. If settlement talks do not get the job done, we can represent you in court under a variety of fee arrangements. We always have a few cases running in federal court and while we actually enjoy the work, we do everything we can to resolve the matter quickly so that you can focus on your creativity and your business.

BITTORRENT AND “COPYRIGHT TROLL” DEFENSE LITIGATION. Our defense work consists primarily of defending clients against claims of copyright infringement brought by plaintiffs labeled “copyright trolls.” A copyright troll is either a business or a law firm that uses the Copyright Act to fund what is basically an extortion-based business model. These plaintiffs demand a large settlement (typically $20,000 - $100,000) from individuals either for infringement of the plaintiff’s copyrighted works or for removal of copyright management information (e.g. (c) 2018 Artist Name) from a work that they shared on social media. If you received a notice from your Internet Service Provider about a subpoena that it received from the plaintiff, or are actually served with a complaint for copyright infringement, you must act quickly to avoid default and a default judgment against you. We offer a flat fee for settlement negotiations in these cases, and a combination of flat and reduced fees for ongoing defense. While we respect the right of a copyright owner to enforce its rights, we will vigorously defend a client against an abuse of that right.


trademark

TRANSACTIONS. Trademarks are assets that hold the valuable goodwill of a business. Trademarks (including service marks and trade dress) are living, breathing creatures of law that need constant management from inception until they are no longer in use. Every new business must ensure that the brand name that it intends to use is available and does not infringe the rights of another. This requires a full trademark search and clearance and the filing of an application at the U.S. Patent and Trademark Office. Ideally, your registration will be granted before you have committed significant resources to design, advertising, and packaging, so you don't have to redo it all, or even abandon the mark, at a later date. Once a mark is registered, we can assist with its licensing or ensuring that it is properly transferred between business entities as the need arises.

LITIGATION. The owner of a trademark must ensure that it has exclusive use of the mark, and that its licensees, if any, are using the mark properly. Since the lifespan of a mark can be perpetual, skirmishes about the mark are inevitable during its play in the marketplace. Trademark litigation requires particular documents and evidence that a business may not think important to retain, so we educate our clients about the kinds of business records that they may need in future trademark disputes. We represent clients at the Trademark Trial and Appeal Board in opposition and cancellation proceedings, as well as in federal court to assert or defend against claims of infringement, unfair competition, and the like.


patent

TRANSACTIONS. Lippincott IP is the rare firm that practices Design Law - a strategic approach to the protection of articles of manufacture using a combination of design patent, trademark, trade dress, and copyright law from the product development stage through successful commercialization. Design patents are the core of any design law strategy, and should be integrated into the product development process, be it an industrial, military, medical, or consumer product. We also file and prosecute utility patents, primarily in the mechanical arts.

LITIGATION. Flann Lippincott procured her own design patent, which protected a consumer product that was so successful it was infringed for the entire 14-year life of the patent. Stopping each infringement and securing a lucrative licensing agreement were a breeze because of that patent. Successful products will be copied by unscrupulous competitors, so when - not if - a client's "home run" patented product is infringed, we are here to help enforce that patent against its unauthorized use.


contracts                         

TRANSACTIONS. We draft meticulous contracts. At the end of the day, that's all that matters, because when something goes wrong in the business relationship, and you pull that forgotten contract out of its file and take a look at the language from a judge's or jury's perspective, you want to know that its simple, clear, precise language will support your claims. We draft and review licensing, confidentiality, independent contractor, work-made-for-hire, and assignment agreements; online contracts such as website terms of use and privacy agreements; Rights of Publicity, Privacy, and consent agreements; and contracts for the sale of goods such as purchase orders, invoices, and vendor agreements.

LITIGATION. Lippincott IP can represent you during contract negotiations, mediation, arbitration, or if necessary, in state or federal court for breach of contract. We've been there, and like doing that, on our clients' behalf.