Intellectual Property

Protecting the copyright, trademark, and other competitive rights of property created by artists of all types, including musicians, writers, film makers, fine artists, etc.

My Office specializes in trademark, copyright and unfair competition. The last is that conduct which causes economic injury to a business through deceptive or wrongful business practice and sometimes theft of trade secrets. In these areas it has engaged in both transactional work and substantial litigation.

Transactional Experience:

·      administered trademark applications through the processes and procedures of the United States Patent and Trademark Office;

·      negotiated and drafted many license agreements for use of names, music, films, and written materials;

·      participated in the licensing and administration of medical technology as a representative of consultants servicing the health care and life science industries nationally and internationally, including assistance with the research, development, and exploitation of pharmaceutical products. 

·      filed opposition to registrations and petitions for cancellation before the United States Patent and Trademark Office, The Trademark Trial and Appeal Board.

Selected Action

Medallic Art Company, Ltd. v. Novus Inc., The Washington Mint LLC, Global Minting, Sunshine Minting, Inc., C&S Tooling Company, M&M Die Sinking, & J. Richard Bergland

Commenced an action on behalf of Medallic Art Company, Ltd., for copyright infringement in the U.S. District Court for the Southern District of New York and after a bench trial prevailed on liability.  The defendants filed and perfected an appeal before the Second Circuit Court of Appeals in New York City.  Argued the appeal for Medallic, and the lower court decision was affirmed.  With associate counsel, it proceeded to settle a damage award in Medallic’s favor of $1,300,000 through the office JAMS, the national arbitration/mediation service.