Intellectual Property

Precision and Advocacy

Often intellectual property rights represent the single most important asset that a company or an individual possess. This is why at Herzfeld & Rubin we have built a strong expertise in the areas of Trademark, Anti-Counterfeiting and Brand Protection, Unfair Competition and Trade, Trade Secret, Copyright, Design-Patent and Trade Dress, Trademark Portfolio Management, Right of Publicity, Internet, and Art Law.

Trademark

Whether it is filing a single trademark application before the U.S. Patent and Trademark Office, overcoming a final refusal from the examining attorney or a third-party opposition, or handling complex international trademark prosecutions, our clients always rely on our success in securing and maintaining their rights and enhancing their commercial reputation.

The Intellectual Property Group provides cost-effective clearance and opinion work that discovers problematic third-party references and gives our clients the customized solutions they need. Either directly or through our global network of hand-picked correspondents, our attorneys handle domestic and international trademark prosecution.

Anti-Counterfeiting and Brand Protection

Counterfeiting has become one of the most serious offences against companies in the domestic and global market and one that is increasingly easy to perpetrate. To confront this, our firm provides clients with a broad range of enforcement mechanisms, effective resources, and creative strategies at competitive rates.

Through take-down notices, cease-and-desist letters, criminal referrals, enforcement advice, U.S. and international investigations, and the support of border enforcement measures, the Intellectual Property Group at Herzfeld & Rubin offers clients the most comprehensive anti-counterfeit service for stopping or minimizing the impact of copycats.

Unfair Competition and Trade

To defend themselves against the fraudulent, deceptive, or dishonest trade practice of their competitors, companies do not have to resort exclusively to trademark and copyright laws.

In fact, our lawyers find fast and effective ways to contrast unfair trade practices within the labyrinth of the numerous federal, state, and common law statutes. These include federal unfair competition and false advertising statutes, federal and state computer laws, state right of publicity laws, and state norms on contracts and employment regulations regarding non-disclosure and non-compete agreements.

Trade Secrets

At Herzfeld & Rubin we recognize that the secret know-how, the exclusive processes, and the undisclosed formulas are not the only form of business information that our clients should protect. Our attorneys know that certain other assets, such as marketing plans, business methods, and customer lists can be equally key in determining the success of an enterprise.

To help our clients with all aspects of trade secret protection and exploitation, we provide specific counseling, and prepare ad-hoc employment contracts, nondisclosure, and licensing agreements. Then, and only when necessary and unavoidable, we enforce our client’s rights through litigation.

Internet

Whether helping a small start up venture, an individual, or a 500 Fortune company, Herzfeld & Rubin attorneys have the skills and preparation to provide clients with the most effective representation in the complicated and often uncharted waters of the cyberspace.

We handle cibersquatting matters and Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings. We also assist our clients in monitoring the Internet for infringements, and register domain names and represent clients on both ends of the acquisition process. After securing the acquisition of the domain names, we help our clients with the management of their portfolios.

Copyright

The Copyright Practice of the Intellectual Property Group at Herzfeld & Rubin covers a broad array of activities that range from copyright analysis and registration to copyright enforcement and policing in different markets and countries, and comprises the negotiation of acquisition, settlement, and license agreements for individuals or companies.

Our attorneys not only advise U.S. and international artists, musicians, and writers but also clients who want to acquire content. While representing copyrights owners we make sure that their ownership interest is well protected and they obtain the greatest economic gain. When counseling clients acquiring content, we ensure that they get all the rights necessary to achieve their specific goals.

Design Patent and Trade Dress

In most cases, even more than its brand name, it is its shape, its proportions or color, which identifies a product as being manufactured or sold by a specific company. The goodwill associated with this ability to serve as a ‘source identifier’ is priceless.

However, being at the intersection of Trade Dress, Design-Patent and Copyright laws, the protection of the configuration of a product, or that of the appearance of its packaging, poses many challenges. At Herzfeld & Rubin, we have attorneys who possess the knowledge and experience necessary to overcome these challenges and secure our clients’ rights in every single element that distinguishes their products from those of their competitors.

Trademark Portfolio Management

The Intellectual Property Group helps develop the most effective strategies and programs to build our clients’ brand and manage their trademark portfolio. To achieve this goal, Herzfeld & Rubin attorneys conduct trademark audits that do not limit themselves to the analysis of the status of clients’ existing trademarks, their maintenance, renewal, and use. Instead, our attorneys work in close coordination with our clients’ marketing department to discover and protect all possible new trademarks on slogans, designs, domain names, etc.

We prepare and negotiate settlements, co-existing, marketing, development, and license agreements. We also review any already existing license agreement for quality provision check compliance with trademark-usage guidelines.

Right of Publicity

Whether you are a celebrity or a common citizen, you have more rights on your name, image, voice, pictures and likeness than you might know. When those are used without your authorization by someone else, you may have a right to stop this unauthorized use, and obtain economic compensation. Although there is no federal right of publicity, the right is recognized by 31 states in the U.S. Some states even recognize this right after a person’s death.

At Herzfeld & Rubin we help our clients both market and defend their rights of publicity. We negotiate license agreements, police the market and the Internet against infringements, and defend the right of publicity of our clients from unauthorized use.

Art Law

Our Intellectual Property Practice Group represents emerging and well established artists, collectors, and art dealers, and advises them on all legal matters related to the acquisition, retention, and disposition of artworks and connected rights in the U.S. and internationally.

Our approach and services on the area of art law are all-encompassing. For instance, when we prepare and negotiate acquisitions or consignment agreements, we also take care of all related matters such as insurance, appraisal, UCC filings, and tax liabilities.