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Trademarks, Copyrights and Design Patents, Nutter McClennen & Fish LLP Photo
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Trademarks, Copyrights and Design Patents

Overview

Our seasoned team of copyright attorneys and trademark attorneys handle a broad spectrum of trademark, copyright, and trade secret matters for our clients. We work to immerse ourselves in our clients' business and understand their unique needs. As a result, we not only counsel our clients, but provide advice, education, and personalized strategies that deliver better outcomes.

Trademarks

Effective trademark development, preservation, and protection strategies help to distinguish a company, and its products and services, from competitors. 

Download Nutter's Guide for Proper Use on Trademark Designations 

Our trademark attorneys can: 

  • Evaluate corporate trademark policies and educate clients on the proper use of trademarks
  • Create and implement programs to identify and develop valuable trademarks 
  • Conduct searches to evaluate the strength and registrability of potential marks 
  • Prepare, file, and prosecute trademark applications in the PTO and similar agencies worldwide 
  • Negotiate and draft licensing agreements for obtaining revenue from trademarks 
  • Advise and counsel clients regarding trade dress and design issues 
  • Enforce trademark and trade dress rights and defend against assertions of infringement 
  • Advise and represent clients in infringement actions and other forms of litigation before federal courts and administrative agencies, including the PTO and certain foreign forums

Our trademark lawyers also have extensive experience in inter partes and other adversarial trademark matters, including opposition and cancellation proceedings. Work on these matters can beneficially combine the skills of our trademark lawyers (with their deep familiarity with administrative procedures that are unique to intellectual property) and those of our litigators, who bring to bear considerable experience in substantive trademark law, administrative procedure, and the litigation process, including discovery, trial and appeal, and alternative dispute resolution, when appropriate. 

Copyright Work

In order to help clients exploit copyrights, both domestically and internationally, our copyrights lawyers can: 

  • Advise on compliance with Copyright Office practices and procedures 
  • Monitor and enforce their copyrights 
  • Negotiate licenses necessary to their growth and success
  • Adapt and apply copyright protections in cyberspace 
  • Defend copyrights in court 
  • Identify and manage the tax consequences of transactions involving copyrights 
  • Advise and represent clients in litigation regarding copyrights

View Practice Team

Representative Matters

Representative Matters

  • Represented a medical device company in policing a series of trademarks

    Nutter represented a medical device company in policing a series of trademarks through several cease and desist letters and negotiations, bringing about very favorable results short of filing in court.

  • Reached global resolution of patent and trademark cases for consumer products client

    Nutter represented a company in several jurisdictions in related patent and trademark actions concerning the manufacture, sale, and marketing of feminine hygiene products. The client and its competitor resolved the cases globally on terms favorable to our client.

  • Defended client against claims of trademark infringement

    Nutter represented a client in the food and beverage industry in a trademark infringement case in federal district court. The case was settled before the filing of an answer on terms favorable to the client.

  • Settled IP misappropriation and trademark case for client

    Nutter represented the defendant in a case brought by a competitor involving rights to the name and use of a market index. The case was settled at mediation.

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