Intellectual Property

McElroy Deutsch's intellectual property lawyers and trademark attorneys advise clients on all aspects of trademark availability, clearance and right-to-use, and registration in the U.S. Patent and Trademark Office, including selecting marks, applying for and obtaining registrations, and enforcing such registrations. Our IP attorneys also advise clients on the protection and registration of domain names and domain name enforcement, as well as the resolution of trademark and domain name disputes. We obtain copyright protections for businesses through registration processes with the Copyright Office and documentary protections.

The Firm's attorneys defend clients against third-party allegations of potential infringement related to intellectual property use, and represent clients in enforcing their intellectual property by pursuing infringers.

Our intellectual property lawyers represent clients in securing trade secret protections for confidential business assets, negotiating non-disclosure agreements and inventions, ownership agreements, and intellectual property ownership issues with independent contractors. Our team assists clients in negotiating and drafting licensing, distribution and transfer agreements. 

The Firm's Intellectual Property law practice extends to the following areas: 

Trademark, Trade Name, Trade Dress, Domain Names

• Availability analysis, USPTO prosecution of applications and opposition/cancellation proceedings
• Litigation
• World Intellectual Property Organization domain name dispute, proceedings
• Licensing / Assignments
• Custom recordings 

Copyright

• Litigation / Arbitration
• Author / Publisher Agreements
• Licensing
• Registration 

Software

• Development, Support, and Maintenance Agreements Licensing 

Trade Secrets

• Litigation
• Non-Disclosure / Confidentiality and Restrictive Covenant Agreements 

Patents

• Litigation
• Licensing 

Representative Cases

• Infosphere Consulting, Inc., d/b/a Habibi v. Habibi Life, LLC, et al. (D.N.J.) -- plaintiff's counsel in trademark infringement action.
• The Sparta Group v. Morgan Stanley Smith Barney, LLC (D.N.J.) -- plaintiff's counsel in trademark infringement action.
• PB Brands, LLC v. Patel Shah Indian Grocery (D.N.J. and 3d Cir.) -- plaintiff's counsel in trademark infringement action.
• Comarco Wireless Techs. v. Apple, Inc. (C. D. Cal. and Fed. Cir.) -- plaintiff's counsel in action for infringement of power supply patents.
• Optic 153 LLC v. Thorlabs Inc. (W.D. Tex.) -- defense counsel in patent infringement action involving erbium-doped fiber amplifiers.
• Vitaworks IP, LLC v. Qianjiang Yongan Pharm. Co., Ltd. (D.N.J.)  -- plaintiff's counsel in action for infringement of taurine patents.
• Comarco Wireless Techs. v. Best Buy (C. D. Cal.) -- plaintiff's counsel in action for infringement of power supply patents; also subject of inter partes review.
• Excelsior Med. Corp. v. Ivera Med. Corp. (D.N.J.) -- plaintiff's counsel in declaratory judgment action for invalidity of medical instrument patents.
• Modern Creative Services v. Dell, Inc. (D.N.J.) --  plaintiff's counsel in action for trade secret misappropriation of software for Internet "product advisors."
• Organized and administered national and international prosecution, licensing, and enforcement programs for patents and trademarks related to, inter alia, golf club shaft alignment, automatic parking, and girls' apparel.
• Provided opinions on patent validity and infringement involving machine vision, lasers, automated parking systems, and mechanical devices.