Friedland Vining serves clients in advising, negotiating and executing acquisition transactions involving trademarks. We advise clients on how to obtain, protect, commercialize, and transfer trademark rights, and counsel in the preparation and filing of state, federal and international trademark applications. We assist clients in developing a comprehensive trademark portfolio by conducting initial searches, due diligence reviews and other pre-filing procedures to determine the likelihood of third-party infringement challenges arising as a result of those assets.
Friedland Vining has been consistently recognized for achieving successful results for our clients in complex cases involving trademark infringement and unfair competition, copyright infringement and patent infringement. Friedland Vining excels at providing critical procedural, strategic and substantive advice designed to assist clients protect their technology, goodwill and brand value while reaching their goals within time and budget constraints. From the outset of each case, we explore with our clients the potential opportunities, risks, and costs associated with dispute resolution, including litigation, mediation, arbitration, and negotiated settlements.
Friedland Vining also assists clients with policing and defending their trademark and service mark rights before the Trademark Trial and Appeal Board (TTAB). Our experienced practitioners are knowledgeable on TTAB procedures for trademark opposition, cancellation, concurrent use and ex parte appellate proceedings.
Copyright protects original works of authorship that are fixed in a tangible form of expression. An original work of authorship is a work that is independently created by a human author and possesses at least some minimal degree of creativity. Examples of copyrightable works include:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds
- Architectural works
Friedland Vining attorneys counsel clients in securing copyright protection with the U.S. Copyright Office and abroad.
ADR and Mediation
“Discourage litigation, persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” —Abraham Lincoln
Abraham Lincoln’s words from the middle of the 19th century continue to ring true over 150 years later for businesspeople embroiled in intellectual property disputes.
Whether before the initiation of litigation or as a result of a court rules requiring the process, alternative dispute resolution is a path Friedland Vining frequently counsels its clients to follow. Mediation – a shuttle diplomacy-like, confidential proceeding – is often a cost-effective means by which parties can try to narrow the scope of, or potentially resolve, their disputes.
Mediation is a process through which a neutral party – a mediator – attempts to help the parties sort through their issues and reach a compromise. The mediator does not take sides and does not share information unless instructed to do so. The results of mediation are not disclosed unless a settlement is reached, in which case the only disclosure is the fact of a settlement, not the details of the agreement.
David Friedland is an experienced intellectual property mediator and a member of the International Trademark Association’s (a) Panel of Trademark Mediators and (b) Alternative Dispute Resolution Committee. David has also participated in various panels highlighting the benefits of mediation to brand owners, including at both the 2017 and 2018 International Trademark Association Annual Meetings, and has written
In addition to mediation, other forms of alternative dispute resolution may be favorable to Friedland Vining clients. Among these forms are arbitration and private judges, both of which enable parties to “litigate” their disputes outside traditional court systems. Arbitrations often occur as a result of contractually-negotiated arrangements between parties, while the use of private judges is something that parties can agree upon at any time.
Litigation Enforcement and Defense
Using our past experiences as models and examples, we work with our clients to create custom enforcement programs that focus upon specific needs and goals.
By using our network of investigators, brand management specialists, and locally situated counsel, we assist clients with enforcement efforts that diligently represent the brand while effectively managing the cost element.
Domestic and International Licensing
Friedland Vining represents clients in both licensing intellectual property rights and negotiating for a grant of rights from others. We are experienced in structuring and drafting sophisticated licensing agreements related to computer software, technology and worldwide brands, as well as website terms of service and privacy policies. These agreements help our clients maximize the value of their intellectual property while minimizing the risk of liability.
Friedland Vining’s attorneys work with a network of private investigators and law firms throughout the world, coordinating with law enforcement agencies at all levels – from city/county police and sheriffs to U.S. Customs and Border Protection – in an effort to create and implement effective anti-counterfeiting strategies intended to help our clients fight the scourge of counterfeiters.
Friedland Vining provides intellectual property solutions to best meet our client’s business objectives behind any transaction. Friedland Vining attorneys who are licensed to practice before the U.S. Patent & Trademark Office have significant experience prosecuting both patent and trademark applications. Our patent services include the preparation, prosecution and issuing of provisional, utility, biomedical, computer and software, business method, electrical, mechanical and design patent applications, both domestically and internationally.
Friedland Vining routinely represents clients in domain name disputes under ICANN’s Uniform Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO) and the National Arbitration Forum. We provide advice regarding domain names registered in bad faith and websites that are likely to cause consumer confusion, as well as register and monitor domain name use and abuse by cybersquatters and typosquatters.
Friedland Vining’s attorneys are well postured to provide competent and credible expert testimony in the area of Intellectual Property law. We can assist in taking complicated, technical information related to trademarks, copyrights, patents and trade secrets and making it comprehensible to a lay jury. Such efforts have included preparation of opinions and declarations, deposition testimony, trial and arbitration testimony, and assistance in settlement negotiations.
Defense of Claims
In those situations where our clients are accused of infringing or misappropriating third parties’ Intellectual Property rights, we can develop strategies to overcome these allegations or better position our clients to resolve these matters with minimal disruption of day-to-day business operations.
Based on our experience defending claims brought against our clients, we suggest unique, outside-the-box approaches aimed at enabling our clients to focus their resources and energy on their day-to-day responsibilities. When defending claims, we provide our clients with various options, ranging from proactively, aggressively initiating steps aimed at placing the other side on its heels to simply reacting to actions taken by the accuser.
Arbitrations often occur as a result of contractually-negotiated arrangements between parties, while the use of private judges is an option that parties can agree upon at any time.
Imitation is the most sincere form of flattery. Unfortunately, in the world of branding, the most popular and profitable products become the target of flattery from counterfeiters.
Counterfeit products are often difficult to detect, hunt down and eliminate from the marketplace, and the individuals engaged in counterfeiting enterprises are challenging to identify and pursue. When investing time and resources into the creation, development, and marketing of a brand, brand owners must think numerous steps ahead of the counterfeiters and anticipate the impacts of counterfeiting.