Our intellectual property (IP) and technology group is comprised of attorneys who are experienced in protecting patents, copyrights, trademarks, trade secrets, and other intangible assets. We implement comprehensive IP protection on behalf of businesses of all sizes. Our clients include entrepreneurs, technology-based start-ups, established small businesses, government contractors, and multinational corporations that are seeking to preserve, protect, and commercialize the technologies and creative work behind their products and services.
We counsel our clients concerning the use and enforcement of their trademarks. We have represented clients who own trademarks in false advertising, unfair competition, trademark, and trade dress disputes, including U.S. and worldwide trademark registration, clearance, protection, and opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
We have experience with motions for preliminary injunctions and temporary restraining orders, and prosecute and defend claims involving registered and unregistered trademarks. Some of our representative cases, include:
- Defending an auto dealer in a trademark infringement dispute;
- Defending a bank in a trademark infringement dispute;
- Securing trademarks for a food company in the U.S., South America and Caribbean; and
- Maintaining a worldwide trademark portfolio for a multinational robotics company.
We advise clients, including artists, musicians, and corporations, with protectable works. Our experience includes counseling, preparing, filing, and registering copyright applications with the U.S. Copyright Office. We also defend claims of copyright infringement and prevent injunctions from being entered.
- Defending a Canadian telecommunications company in a copyright infringement suit; and
- Acquiring copyright registrations for an animated television series.
Intellectual Property (IP) Generally
We have experience with a wide variety of technologies, including software, hardware, data communications networks, commodity and foreign exchange trading systems, digital imaging systems, medical devices, robotics, pharmaceutical (including packaging), mechanical and electrical devices, business methods, biotechnology products, and consumer products.
In many transactional matters, our Business, Corporate, and Tax Department works in sync with our Litigation Department to implement strategies that strengthen the value of our clients’ IP. In any IP-sensitive deal, we identify the key intangible assets and work to ensure that no aspect of the transaction will compromise their value. We additionally frequently advise clients in preparing and negotiating their Internet services, software licensing agreements, and enterprise software development contracts. We are experienced in licensing and technology transfer; IP portfolio due diligence and analysis; IP litigation; trade secret protection; protection against unfair competition practices; and IP-sensitive employment, non-compete, and non-disclosure agreements.
The IP matters the firm's attorneys have handled or currently handle for clients includes:
- Representing an Internet services company in a private offering of convertible debt;
- Representing a B2B technology company in several rounds of private equity deals, including coordinating its executive and incentive compensation-based employment agreements;
- Assisting an Internet-based company with its “click-wrap" licensing agreements;
- Negotiating the licensing and services agreements for a medical research company in its dealings with a large medical institution;
- Representing graphic designers and public relations companies in connection with entity formation, client contracts, IP protection and licensing, and contract disputes;
- Representing a medical technology company in licensing, incentive and deferred compensation, and general business matters; and
- Representing companies in contracting for enterprise software development and implementation.
Tydings is a proud member of MERITAS, Law Firms Worldwide, a select international network of peer-reviewed and quality-monitored law firms that share a client-centered approach to law. This affiliation extends our reach globally and helps us bridge the geographic, cultural, and linguistic differences encountered when assisting companies or individuals based abroad. Our membership in Meritas helps us offer seamless access to representation around the world in connection with global IP concerns. It also helps alleviate the logistical complexities of differing time zones, and allows us to assist clients in consular processing in more than 60 countries across the world.