Intellectual Property, Advertising & Promotions

Protecting Trade Secrets and Technology

In today's modern economy, it is critical for companies to evaluate, develop, obtain, maintain, protect, and enforce their trademark, trade dress, trade secret, copyright, patent, and other intellectual property rights. Intellectual Property rights are valuable assets, assets that competitors may infringe and, sometimes, trusted former employees may misappropriate. Conversely, many often stand accused of infringing IP rights when, under a correct analysis of the law, they are innocent and merely made a fair use protected under U.S. law. Similar issues arise with false advertising claims. In today's competitive world, companies regularly accuse each other of false or misleading advertising, for example, when praising the benefits of their products compared to those of the competition.

Rutter Hobbs & Davidoff’s attorneys represent companies and individuals involved in such competitor-to-competitor disputes. We also proactively review clients' intellectual property assets and portfolios, advertising claims, and business practices to help ensure that they comply with applicable law and advise on related corporate matters, including trademark registration and contracts.

Our Services

Trademarks, Copyrights, and Trade Dress

• Trademark selection, registration, and maintenance
• Advice regarding trademark and trade dress strength and risk of conflicts
• Trademark and copyright acquisition and licensing

Trademark, Copyright, and Trade Dress Litigation

• Infringement of trademarks, trade names, trade dress, patents, and copyrights
• Litigation under the Lanham Act and state unfair competition laws
• Restraining orders and injunctions
• Alternative dispute resolution strategies
• Trademark Trial and Appeal Board cases
• Response to demand letters

Trade Secrets

• Misappropriation of trade secret litigation
• Breaches of confidentiality litigation
• Noncompete litigation
• Preventive policies, such as employee confidentiality and nondisclosure agreements and employee manuals, workforce training and hiring, and termination policies

Unfair Competition

• Litigation in state and federal courts involving unfair competition, false or misleading advertising, gray-market goods, and breaches of contract
• Restraining orders and injunctions

Advertising and Promotions

• Review of advertising scripts and telemarketing scripts
• False advertising claims
• Infomercial marketing issues
• Response to FTC enforcement actions
• Regulatory compliance

Contests and Sweepstakes

• Draft and review of official rules for federal and state law compliance
• Advice relative to structuring of promotions to ensure compliance with state and federal laws
• Winners releases

Entertainment Law

• Breach of contract
• Participation rights violations
• Audit rights violations
• Name and likeness and publicity rights violations
• Idea submission and misappropriation claims
• Copyright infringement

Achievements

Contacts:

Andrew Apfelberg
Christopher Fowler
Olivia Goodkin
Nancy Morgan
Bernard Resser
Greg Sater (practice group leader)
Natasha Shabani