Overview

Our Trademarks & Copyrights practice consists of intellectual property attorneys and paralegals with decades of experience in domestic and international trademark and copyright law. We are dedicated to all types of trademark and copyright matters, as well as trade dress, domain name, internet, and unfair competition issues. Our experience includes working with startups and small companies, as well as large and global corporations.

With the expanding use of e-commerce channels and evolving digital and social media marketing and advertising, the protection of trademarks, copyrights, and domain names is more important than ever. A distinctive brand name or trademark, along with creative advertising materials, helps to effectively promote and establish a company’s public identity and reputation. This builds significant brand equity and goodwill among consumers, and readily distinguishes the company from its competitors.

We invest time in understanding our clients’ businesses and technologies, as well as their goals and challenges. In this way, we are able to partner with our clients and formulate targeted and cost-effective domestic and international brand name and trademark protection and enforcement strategies that are best suited to each client. Our attorneys help our clients be proactive about IP matters, make informed business decisions, and get ahead of potential issues and obstacles.

An IP boutique within a full service law firm.

Our practice group works as an agile, focused team, operating much like an IP boutique with the benefit of a full-service law firm’s broad expertise and deep resources. We work closely with our Hinckley Allen colleagues across numerous practice areas, collaborating on a wide variety of matters, such as corporate transactions involving IP assets, mergers and acquisitions, technology transfers, licensing, commercial agreements, tax issues, and IP portfolio assessments and due diligence.

We have significant experience representing clients with a wide range of technologies in a wide range of industries, including software, electronics, green technologies, consumer products, food and beverage, retail, hospitality, health care, pharmaceuticals, biotechnology, surgical instruments, banking and financial services, insurance, e-commerce, computer hardware, telecommunications, publishing, advertising, multimedia, sports, e-sports, cannabis, and entertainment.

Services

Our Trademarks & Copyrights practice focuses on the following areas:

Trademarks

  • Development and management of domestic and international trademark portfolios
  • Domestic and international trademark registrations
  • Domestic and international trademark search and clearance
  • Counsel on selection and proper use of trademarks
  • Trademark infringement and enforcement issues
  • Representation before the U.S. Trademark Trial and Appeal Board
  • Anti-counterfeiting strategies and trademark recording with U.S. Customs Service
  • Trademark ownership transfers, assignments, and security interests—U.S. and global

Trade Dress

  • Trade dress registration
  • Trade dress infringement and enforcement issues           

Copyrights

  • Copyright registration for software programs
  • Copyright registration for creative works, informal art, and other protectable materials
  • Copyright infringement of registered and common law copyrights
  • Resolution of copyright disputes
  • Work-for-hire and joint authorship agreements and issues
  • Fair use of copyright protected materials
  • Copyright licensing
  • International copyright counseling
  • Copyright-ownership transfers, assignments, and security interests—U.S. and global

Domain Names & Online Brand Protection

  • Online trademark and copyright enforcement efforts across various platforms, such as Amazon, eBay, Etsy, and AliExpress
  • Domain name registrations and acquisitions as well as domain portfolio management
  • Uniform Domain Name Dispute-Resolution Policy (UDRP) proceedings and retrieval of domains
  • Digital Millennium Copyright Act (DMCA) and other takedown procedures
  • Cybersquatting, cyberstalking, rights of publicity, and misappropriation of identity

Advertising & Promotions

  • Compliant advertising for traditional and digital channels
  • Digital/social media advertising and use of influencers and guidelines
  • Right of publicity, right of privacy, and consent and release agreements
  • Sweepstakes and contests

Corporate Transactions and IP-Related Matters – See Intellectual Property

Licensing/Software/Technology Agreements – See Intellectual Property

News & Insight

Publication

Using Your Trademark or Service Mark Correctly

September 16, 2019

The #1 and most important guideline for proper use of a trademark or service mark is to use the mark as an adjective followed by a noun or generic term for the product or service itself.People frequently use the brand name, whether a trademark or service m…

Publication

How Not to Advertise Your Recreational Marijuana Business in Massachusetts: Neon Signs and Other Prohibited Practices

August 21, 2019

Most businesses in Massachusetts are free to market their business using a variety of creative advertising methods. Neon signs? Usually no problem. Vinyl-wrapped vehicles? Great exposure. Hosting a giveaway or handing out coupons? A good way to get new cus…