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Henderson Franklin's Intellectual Property practice area represents numerous private and public entities and individuals in Southwest Florida who have concerns involving:

  • Copyrights
  • Trademarks
  • Trade secrets
  • Licensing
  • Patents

Protection, Monetization, Infringement, Enforcement & Defense

In today’s highly innovative and creative environment, intellectual property (“IP”) can be one of the most valuable assets a company holds. Henderson Franklin’s IP practice helps our clients protect their ideas, brands and technologies. Our attorneys advise clients on matters relating to the identification, protection, enforcement, and monetization of IP assets including trademarks, copyrights, patents and trade secrets. We help clients identify the IP and sources of IP in their operations and help establish programs to protect those assets. Our attorneys have worked with clients in dozens of different industries; including consumer products, food and beverage, finance, and pharmaceuticals ranging in size from sole proprietors to Fortune 500 companies. We strive to understand our clients’ businesses and goals and help devise IP protection strategies that are both effective and financially efficient.

Trademarks

We regularly counsel clients regarding the selection, protection, licensing and enforcement of trademarks in the U.S. and abroad. Our attorneys have worked with clients on high profile global branding initiatives, managed trademark portfolios for significant global brands and have worked with startups with only their name to protect. From search and clearance through all aspects of trademark registration and maintenance, you can turn to our IP practice group.

Copyrights

Our IP practice also counsels clients on issues relating to copyright protection and registration, including the acquisition of ownership rights and licensing. We also advise clients regarding the Digital Millennium Copyright Act (“DMCA”), fair use, secondary liability, open-source, and other emerging issues related to copyrights and the Internet.

Patents

Our IP practice helps clients secure U.S. and foreign patent protection for their innovations – giving clients an often critical period of exclusivity in the marketplace. We also advise clients on a number of patent-related matters including: conducting prior art searches, conducting freedom-to-operate searches, drafting pre-suit non-infringement opinions and licensing / transferring patent rights.

Trade Secrets

Our IP practice works with clients to help identify trade secrets and develop internal programs and controls to protect those secrets. Providing clients with tools like non-disclosure agreements, employment agreements and other measures, we help them ensure their valuable IP assets are secure.

Enforcement and Litigation

In addition to procuring and protecting IP rights, we also work closely with our clients to monitor and enforce those rights against third-parties. We advise clients and help develop programs to spot and take action against infringers, counterfeiters and other unauthorized users of IP assets.

IP litigation is a serious matter. Henderson Franklin takes a multi-disciplinary approach to IP litigation by leveraging our IP expertise with our significant litigation practice. Our attorneys have litigated numerous trademark, patent, copyright and trade secret cases in Federal and state courts as well as in front of the United States Patent and Trademark Office representing the interests of both plaintiffs and defendants.

Transactions

Intellectual Property is a key component of many business transactions. Mergers and acquisitions often involve the transfer of IP assets, consulting and development agreements often result in creation of IP and franchising relationships are wholly predicated on the use of IP. In these and many other business transactions, we work with clients to help them understand the rights at issue, preserve those rights and, if necessary, transfer ownership. From IP due diligence in corporate transactions to advising franchisors and franchisees as to their respective rights, our attorneys are ready to assist on any business transaction touching on IP issues.

Internet and Data Security

The Internet is important not only for purposes of active e-commerce but also as a marketing tool. Our attorneys have experience advising clients on numerous Internet-related matters; including providing direction concerning privacy policies, terms of use and Internet sales and marketing issues. Further, Henderson Franklin works with clients regularly on data security issues, both helping clients prepare for the inevitable data breach and guiding them through the rough waters that follow.

Social Media

Social Media platforms are an increasingly important – and monetizable – business asset, yet few take active steps to protect such platforms. Often, corporate entities fail to put proper contracts in place with outside marketing firms – raising issues about who really owns and controls the IP associated with such accounts. Our attorneys have worked with companies to police and secure social media accounts, and have worked with Social Media influencers, YouTube content producers and others to capitalize on large social media followings through endorsement, merchandising and licensing opportunities.

For further assistance in this practice area, contact Mark Nieds by phone, 239-344-1153 or by email at mark.nieds@henlaw.com.