Trademark and copyright registration, proceedings before the Trademark Trial and Appeal Board and the Copyright Claims Board, and infringement litigation in federal court.
The firm’s intellectual property practice covers trademarks and copyrights from registration through litigation, and patent disputes that are litigated in federal court. It grows out of the firm’s business practice: many IP questions first arise when a company is formed, a brand is launched, or a business is bought or sold.
The firm prepares and prosecutes federal trademark applications before the United States Patent and Trademark Office, responds to office actions, and maintains registrations. When a mark is challenged, or a competing application is filed, the firm handles opposition and cancellation proceedings before the Trademark Trial and Appeal Board. Michigan also offers state trademark registration, which can be useful for a business whose use is local.
The firm registers copyrights with the Copyright Office and enforces them. Registration matters for timing: under the Supreme Court’s decision in Fourth Estate v. Wall-Street.com, an infringement suit on a United States work generally cannot be filed until the Copyright Office has registered the work or refused registration. For smaller claims, the Copyright Claims Board offers a less expensive alternative to federal court, with total damages capped at $30,000 per proceeding.
Trademark, copyright, and patent infringement claims are litigated in federal court. The firm appears in the United States District Courts for the Eastern and Western Districts of Michigan, both for owners enforcing their rights and for parties accused of infringement.
No attorney at the firm is registered to practice before the Patent and Trademark Office in patent matters. The firm therefore does not prepare or prosecute patent applications or advise on whether to file one; that work is referred to registered patent practitioners. The firm does handle patent infringement litigation in federal court, usually with a registered practitioner as co-counsel, and patent licenses and assignments as part of its transactional work.
The firm handles new matters on a consultative basis. Call the office, or send us a message through our contact form.