Media & Intellectual Property

Defamation, Privacy and First Amendment Litigation

Attorneys in our Media & Intellectual Property Group have unique and unmatched experience guiding our clients through the ever evolving area of media law, whether as an advocate in litigation or through pre-publication review and other counseling. In the area of defamation, access to courts and government information, and privacy, our attorneys have represented clients ranging from the most well-established global news organizations and reporters, to independent journalists, blogs and Internet website developers. In the area of access, our attorneys have represented clients seeking access to government files under freedom of information statutes, including in one of the few cases in which a court ordered testimony concerning the location of electronic files and the adequacy of the efforts by the government to locate files in response to a request, represented clients seeking access to sealed court documents as well as represented clients seeking access to locations controlled by the government.

In other related areas, our attorneys have substantial experience in representing clients with respect to regulatory schemes presenting First Amendment and related concerns including, for example, the regulation of signs by the government, the regulation of charitable solicitations, and the regulation of performances in public spaces. In other matters, our attorneys have represented clients in connection with access to locations for the purposes of speech such as art installations in public spaces and advertising conveying a political message on publicly owned subways. We have earned distinction as advocates for clients seeking to challenge laws, regulations or other state action infringing on our clients’ constitutionally protected rights in a wide variety of contexts including the rights of free speech and association, religious liberties and privacy.

Our attorneys also have experience counseling foreign governments and other international institutions and companies on the contours of United States law in the area of the First Amendment, media law and related issues. We have substantial experience in addressing these issues in an international context.

Trademarks & Copyright Protection

At Herzfeld & Rubin, we recognize that intellectual property rights often represent the single most valuable asset that a company or an individual possess. Attorneys in our Media Law and Intellectual Property Group have built strong capabilities in creative intellectual property litigation and counseling.

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

Our copyright practice covers a broad array of activities that range from copyright litigation, to analysis and registration, to copyright enforcement and policing in different markets and countries. Our attorneys negotiate acquisition, settlement, and license agreements for individuals or companies.

Unfair Competition & Trade Secrets

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 confront unfair trade practices within the labyrinth of the numerous federal and state statutes, as well as the common law. These include federal unfair competition and false advertising statutes, antitrust 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.

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 employment contracts, as well as nondisclosure and licensing agreements. Where appropriate, we enforce our client’s rights through litigation.

Technology & Internet

Whether helping a small startup venture, individuals, or a Fortune 500 company, Herzfeld & Rubin attorneys have the skills and experience to provide clients with the most effective representation in the complicated and often uncharted waters of cyberspace and emerging technologies.

We help our clients with the management of their Internet portfolios, including monitoring the Internet for infringements, and prosecuting or defending cybersquatting or other Internet-related disputes in court or Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings. We work with clients to address issues and challenges presented by evolving technologies and the data that is collected and maintained including addressing data security issues and compliance with regulatory schemes.

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 Media & Intellectual Property Group at Herzfeld & Rubin offers clients the most comprehensive anti-counterfeit service for stopping or minimizing the impact of copycats.

Trademark Portfolio Management

The Media & 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.

Rights of Publicity

Whether you are a celebrity or a common citizen, you have protected rights to your name, image, voice, pictures and likeness. When those are used without your authorization by someone else, you may have a right to stop this unauthorized use, and obtain economic compensation. 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.

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