Copyright & Trademark Law
At Oved & Oved LLP, we have extensive experience and expertise in literally all areas of copyright law and trademark law.
We are regarded as one of New York’s premier copyright law firms and trademark law firms. If you are seeking a copyright attorney or a trademark attorney, Oved & Oved LLP is home to some of the finest copyright lawyers and trademark lawyers in New York.
Oved & Oved LLP has a particular expertise in the preparation and filing of copyright applications for copyright protection before the United States Copyright Office, including prosecution of copyright registrations and recordation of copyright licenses and assignments; development of client administration programs; searches and assessment of official records and handling of contested issues before the United States Copyright Office and Copyright Royalty Tribunal.
What is in a name? For many companies, the answer is “everything.” Trademarks (the names, words, and other symbols our clients use to identify themselves) can constitute a company’s most valuable assets. Because, under U.S. law, trademarks are valueless without the underlying goodwill symbolized by the particular mark, expert counsel in the creation, maintenance, and enforcement of brands is indispensable.
Our trademark attorneys have successfully handled many types of trademark matters, and we represent a diversified array of clients in trademark matters, including large, sophisticated multinational consumer products companies, entrepreneurs and start-ups, major entertainment companies and famous entertainers. Each trademark lawyer is an experienced trademark attorney in New York.
Trademark Selection, Registration and Licensing
Our practice includes: searches for availability and assessment of legal and business aspects of potential marks; prosecution of U.S. and foreign applications for trademark registration, maintenance filings, and handling of contested issues in the United States Patent and Trademark Office; negotiation and preparation of trademark license agreements and handling copyright and trademark litigation, including validity investigations and opinions, trade secret litigations and U.S. Customs enforcement of copyrights and trademarks.
No competent trademark group can give sound strategic advice without extensive experience and expertise in trademark litigation. All trademark issues — whether they involve clearance, transactions, maintenance, or enforcement — require an in-depth understanding of the underlying case law and of the subtleties of trademark litigation practice, and all problems must be analyzed with a keen eye towards the possibility of litigation and the goal of litigation avoidance.
Representing both plaintiffs and defendants, our trademark litigators have successfully handled the entire range of litigated trademark matters throughout the country, from temporary restraining orders, preliminary injunctions, seizure orders and recalls, to full bench and jury trials on the merits. We also have vast experience with consumer surveys and survey evidence.
Trademark Transactional and Corporate Practice
Our trademark attorneys provide counseling for a wide range of business transactions, including structuring domestic and multinational acquisitions, joint ventures, distributorships, financing, franchise arrangements, due diligence, workouts, bankruptcies, investments, assignments, and licensing. Indeed, the success of many such transactions can turn on the seller’s ability to deliver clear title to registered and well-maintained trademarks and other intellectual property rights. Our lawyers regularly investigate and evaluate the quality and transferability of trademarks in transactional contexts.
Trademark Clearance, Counseling, and Prosecution
The Trademark Practice Group provides expert counseling concerning the establishment and maintenance of trademarks. We assists a wide variety of national and multinational businesses in every aspect of their trademark needs, such as: trademark searches and clearance; registration, maintenance and renewal of trademarks; handling contested matters in the Patent and Trademark Office; negotiation and drafting of contracts, including licenses, assignments and franchise agreements; and the monitoring of infringing uses of clients’ marks and strategic advice concerning appropriate enforcement measures.
International Trademark Practice
Oved & Oved LLP provides expert service in the protection of trademarks abroad. Through an extensive network of foreign counsel cultivated over many years, and with the input of some of our most influential clients in the world of international trademark practice, we efficiently prosecute and maintain our clients’ important brands worldwide.
False Advertising Practice
We regularly represents a variety of major national advertisers and advertising agencies in all facets of false advertising dispute resolution and counseling, including:
- Litigation in federal district and appellate courts.
- Advertising challenges before the National Advertising Division of the Council of Better Business Bureaus (“NAD”) and the National Advertising Review Board, NAD’s appellate arm.
- Advertising challenges before the national television networks.
- Labeling approvals and advertising-related inquiries by federal regulatory agencies, including the FTC, the EPA and the FDA.
- Pre-litigation advice and counseling concerning the explicit and implicit messages communicated by advertisements (both those of our clients and of their competitors) and the sufficiency of substantiation for advertising claims.
Similarly, because false advertising disputes virtually always turn either on the adequacy of advertising claim substantiation, consumer reaction to the advertisements, as measured by consumer surveys, or both, false advertising litigators must have extensive experience in scientific testing methodology, statistical analysis and consumer survey design and interpretation. In each of these technical areas, our lawyers are among the most experienced in the country.
The bottom line, of course, is a successful result for the client, whether it be a victory in federal court, before NAD, NARB or the television networks, or via a negotiated resolution that avoids litigation entirely. Here, the record of our experienced and skilled litigators is simply unmatched. Our false advertising experts are experienced and accomplished trial and appellate litigators. This is not only an enormous benefit for the many matters that actually proceed to trial; but our reputation as skilled trial lawyers regularly helps our clients obtain beneficial settlements as well.
In addition to the management of both domestic and international trademark portfolios, the firm has experience in counseling and representation in connection with inter party proceedings before the Trademark Trial and Appeal Board, as well as all U.S. Courts, involving all substantive aspects of trademark, trade dress and unfair competition law.