Copyrights, Patents and Trademarks  


AGG offers a full compliment of copyright, patent and trademark services. AGG has combined the experience of several of the firm's practice areas with training in intellectual property law to build an experienced practice team.

Copyrights

As modern technology leads America toward a more "information oriented" society, the importance of protecting intellectual property has increased. As a result, the firm's copyright practice has grown substantially. The firm has registered many types of subject matter under the provision of the U.S. Copyright Act. These various registrations include printed publications, phonograph records and tapes, video disks, video tapes, computer software, and computer screen displays.

The firm has a good working relationship with the United States Copyright Office and is knowledgeable about procedures for special handling of sensitive or highly specialized materials, as well as expedited registration procedures. This experience can be particularly important for materials containing trade secrets or when a client discovers an infringement of one of its works before it has been registered. The firm has also handled numerous transfers and licenses of copyrights and is familiar with the various statutory requirements impacting such transfers.

If infringement should occur, the firm has experience both in prosecuting and defending such disputes. The firm has successfully represented clients in computer-related litigation involving sophisticated copyright issues. For example, the firm recently obtained a very favorable settlement of a suit brought on behalf of one of its software clients whose large mainframe software system had been infringed by a competitor. Another recent example is a much publicized case in which attorneys in the firm successfully prosecuted a software infringement case involving computer-generated code and other high technology issues.

Patents

Our Patents Team practices in the areas of electronics, computers, optics, complex mechanical systems and nanotechnology. Each of the attorneys in the group holds an advanced degree in a technical field and is registered to practice before the Patent and Trademark Office. Some of the services offered by AGG's Patent Department include:

  • U.S. and foreign patent drafting and prosecution
  • Patent litigation
  • Licensing
  • Preparing patentability, invalidity and non-infringement opinions
  • Conducting periodic portfolio audits and preparing strategic use of portfolio reports
  • Conducting due diligence on behalf of investors and clients
  • Representation of clients in disputes before governmental agencies, including interference proceedings

Trademarks

AGG's attorneys represent clients in all facets of trademark law, from the moment that a client conceives its trademark or service mark, through the registration process and protection beyond. The firm's trademark clients range from large food distribution and grocery store companies, to retail outlets, medical products companies, restaurants and fast food chains, as well as other companies and corporations of all sizes.

The first step in obtaining a trademark or service mark involves a search for a potentially conflicting mark. If a client desires an initial cursory evaluation of a trademark, AGG accesses a computerized system that affords it instant access to more than 620,000 pending and registered trademarks in the United States Patent and Trademark Office, as well as state records and numerous trade publications. This is especially useful when a client is considering several trademarks and is trying to pare its list down to a few trademarks. The firm's attorneys are experienced in evaluating these searches and advising clients on the likelihood of registration of their marks.

If no conflict is found, then the firm prepares the necessary application papers, drawings, and trademark specimens to be submitted to the United States Patent and Trademark Office or to the relevant state trademark office. Once the application is on file, trademark examiners often have questions or concerns regarding the applications. AGG's attorneys have been adept at overcoming such objections and seeing applications to a successful conclusion. If a third party objects to the registration of the mark, the firm is experienced at handling opposition proceedings in the United States Patent and Trademark Office. The firm also has the ability, through well-established contacts in the United States and abroad, to obtain the registration of trademarks throughout the world. Once a trademark is registered, it is entered into the firm's computerized tracking system, and the firm will notify the client when certain statutorily mandated acts, such as the filing of affidavits, are required.

The firm provides counseling to clients in the proper use and protection of trademarks. Licensing of trademarks is becoming increasingly important. The firm has drafted licenses for use in domestic and foreign markets in a large variety of industries. If desired, the firm will monitor domestic and international trademark registers so that a client will have "early warning" of a potentially infringing use of a mark by another.

The firm has also handled trademark related litigation. The firm's attorneys have experience in trademark and service mark infringement litigation, in opposition and cancellation proceedings in the United States Patent and Trademark Office, and in unfair competition and anti-dilution cases. The firm, as a part of its franchise practice, has also prevented post-termination use of trademarks and service marks by former franchisees.

Intellectual property issues have become increasingly complex. AGG has expanded its capabilities to meet their challenges. With this extensive experience in the areas of trademark and copyright law, the firm is capable of handling any project or problem that may confront its clients in these areas.

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