Trademarks & Unfair Competition
Trademarks are words, names, symbols, sounds, colors or other devices that distinguish goods and services from those manufactured or sold by others. Trademarks identify the source of goods or services. Think brands like NIKE for footwear, GOOGLE for computer services, and SONY for electronics.
Unfair competition is a broad body of law, which encompasses trademark law and generally ensures that competitors compete on equal and fair terms. Think false designations of origin, counterfeits, tortious interference, and deceptive and unfair trade practices.
Mod Law Services: counseling, opinions, brand strategy, clearance, registration, licensing, enforcement, U.S. Customs assistance, FTC compliance, opposition and cancellation proceedings, litigation, and trial.
Copyrights
Copyrights are original works of authorship, such as writings, music, and works of art, that have been fixed in a tangible form of expression. Think computer code (e.g., “Word 2003” by Microsoft), screenplays (e.g., “Pulp Fiction” by Quentin Tarantino), music recordings, sculptures, and paintings.
Mod Law Services: clearance, registration, licensing, work-for-hire agreements, enforcement, U.S. Customs assistance, DMCA compliance, litigation, and trial.
Trade Secrets
Trade Secrets may consist of a formula, practice, process, design, or a compilation of information not generally known or reasonably ascertainable (i.e., secret) used by companies to obtain economic advantage over competitors. Think the secret formula for the COCA-COLA soft drink and KFC’s secret recipe for its 11 original herbs and spices.
Mod Law Services: trade secret policies, fast track litigation, ex parte and preliminary relief, litigation, and trial.
Internet Law
Internet law encompasses broad issues relating to the internet and legal questions resulting from its use, often involving intellectual property law, unfair competition, social media, false advertising, SPAM, cybersquatting, e-commerce, defamation, data protection and privacy, right of privacy, right of publicity, and First Amendment and fair use issues. Think use of a mark as a domain name, distribution of music online, defamation on a social media network, and other activities occurring online.
Mod Law Services: counseling, website user agreements, privacy policies, content licensing agreements, hosting and website development agreements, enforcement, UDRP and ACPA proceedings, litigation, and trial.
False Advertising
False advertising may consist of expressly or impliedly false, misleading, or deceptive statements made in advertisements, including on labels. Think false or unproven advertising claims, defamatory statements about a competitor’s products, food labeled “organic,” and products labeled “green.”
Mod Law Services: counseling, FTC compliance, opposition and cancellation proceedings, litigation, and trial.
Litigation
Litigation is the process of prosecuting or defending a case, controversy, or lawsuit, and involves arbitration, mediation, contested proceedings before the United States Patent and Trademark Office, and state and federal court litigation.
Mod Law Services: federal and state litigation, trials, appeals, mediation, arbitration, and contested administrative proceedings.
