Trademarks, trade dress and branding are a critical asset, and an important part of many companies’ strategies. Having a distinct name, image, slogan, or other way for customers and the public to identify your business, goods and services gives you a means to quickly reach your audience and build your reputation. Harnessing and protecting the hard-earned value of your marks, through licenses and other agreements, and ensuring that competitors and others neither encroach upon nor malign your good will becomes more and more important in our interconnected world. And, where a competitor or other adversary hopes to use claims of infringement or unfair competition to attack your commercial position, it is important to be able to quickly evaluate the claim, and determine the best way to efficiently address the challenge.
Whether the issue arises when seeking to secure Federal Registration or other protection, as part of a business transaction, or when the prospect of offensive or defensive litigation comes into play, Halloran Sage’s Intellectual Property team is prepared to assist our clients to optimize their marks. Our team helps our clients review their identifiers, and works to develop a legal strategy geared towards optimize their value. We negotiate terms and agreements relating to our clients’ marks – whether as stand-alone licenses, joint venture agreements, or other contracts, or as part of larger transactions – always keeping in mind the larger goals of the business. We counsel our clients concerning the registrability and strength of marks, both when they are deciding their branding and as marketing strategies progress. We prosecute and secure registrations for our clients, including, where necessary, through the Trademark Trial and Appeal Board. We counsel our clients proactively, whether to avoid taking actions that may cause a dispute; negotiating with a potential adversary to efficiently resolve both parties’ concerns; or helping the client to position itself for future disputes.
Litigation or the threat of litigation can become part of a clients’ business, whether arising from trademark infringement, false advertising, domain name misuse, or other interference with the good will of a company. Our team is well-versed in prosecuting and defending claims of trademark and/or trade dress infringement, false advertising, cybersquatting, dilution, and related claims in a wide range of fields, including in the financial sector, e-commerce, information technology, consumer products, the musical and entertainment industry, firearms-related products, internet usage, and other products and services. We have litigated and provided counsel relating to licensing disputes, technology-related issues, and other forms of state and federal protection. Throughout, our goal is to seek efficient solutions which fairly and properly advance our clients’ business goals and protect their rights.
Whether you are seeking guidance as part of developing a strategy for your name, or whether you are faced with a competitor’s actual or threatened lawsuit, Halloran Sage’s Intellectual Property team can assist you.