Intellectual Property, Trademarks, Brands, and Advertising
Although, until recently, trade secret law was generally an area regulated by the various 50 states, a new federal statute allows plaintiffs to choose the most effective venue for litigation. KMK attorneys are well equipped to guide clients through the available options, as we represent both plaintiffs and defendants in trade secret actions in state and federal courts. Our litigators have substantial experience in developing trade secret protection practices and procedures in concert with our transactional practice.
We also work closely with selected sophisticated patent co-counsel to assert and litigate the rights of patent holders, or to defend against allegations of patent infringement. In cases of breach of copyright, if creating licensing does not offer a satisfactory solution, our litigators can protect the interests of both owners and alleged infringers. The combination of our intellectual property litigators and highly regarded patent co-counsel is a formidable force for success.
KMK understands that intellectual property assets often have a limited shelf life and need to be protected and efficiently leveraged across their life-span. Our attorneys are able to assist clients to secure value from intellectual assets, in both negotiating and documenting agreements, and enforcing those agreements and prosecuting violations of trade secret law in the event of improper disclosure or use.
Navigating intellectual property issues requires not only knowledge of regulatory issues, including antitrust law, but also a real appreciation of business issues such as questions of exclusivity and performance guarantees. Where overseas exploitation is required, we work with appropriate foreign co-counsel to take advantage not only of their local legal knowledge, but also their understanding of local business practices and industry connections.
KMK can also assist with a wide variety of matters relating to trademarks, service marks, trade dress, trade names, and advertising and copyright in advertising or marketing. We are able to manage the appropriate registration processes and monitor infringement, working effectively in tandem with in-house resources. If issues arise, we offer a prompt assessment of the legal implications, together with an evaluation of alternative means to resolve the matter. Litigation may be urgent and essential to protect client interests, or an alternate strategy may be employed to minimize cost and avoid unwanted publicity.
Our intellectual property practice also frequently involves disputed related to advertising, including commercial defamation, false advertising, and other issues related to unfair competition. KMK is equally adept at vigorous representation to uphold the rights of victims of such practices and protect the wrongly accused.