For many businesses, their most valuable assets are intangible. This is true for both mature companies as well as startups whose future success depends on securing its intellectual property at the early stages of the company. These assets come in the form of intellectual property, which includes trademarks, copyrights, trade secrets and patents. Intellectual property presents a number of challenges and opportunities for businesses of all sizes. An increasing number of business transactions, including mergers and acquisitions, revolve around the sale, purchase or licensing of intellectual property. Encore Law Group guides its clients through transactions that involve intellectual property issues. We also develop strategies for our clients to identify, protect and capitalize on their intellectual property portfolios.

Trademarks

Trademarks are an essential component of a business’s value and goodwill. Trademarks can include a word, slogan, symbol, design or any combination of these things. Trademarks communicate the source of particular goods or service. In other words, a trademark is a business’s brand and is often one of the most important assets a business can own.

Registration of a trademark with the U.S. Patent and Trademark Office (USPTO) is an important part of protecting a trademark. Registering a trademark can be a challenging endeavor because the USPTO regularly rejects trademark applications by sending an Office Action. Encore Law Group guides its clients through all phases of the registration process, including advising on trademark registrability and protectability, applying for registration and, when necessary, replying to USPTO Office Actions. Once registered, a business has the duty to protect its trademark. Encore Law Group implements strategies to protect its clients’ trademarks and advises clients on, negotiates and drafts all necessary documents involved in licensing opportunities and transactions.

Copyrights

Copyright protects any original works of authorship, such as software, a screenplay or a piece of music. As technology continues to change, the importance and value of owning and protecting copyrightable material becomes increasingly apparent. Encore Law Group works with its clients to identify, register, protect and capitalize on this important asset. We also advise our clients in ways to avoid the high cost of potential copyright infringement.

Trade Secrets and Non-Disclosure Agreements

Employees, contractors or other parties that deal with a business often have access to trade secrets or other confidential information that the business does not want disclosed to or used by third parties. Although it is necessary to disclose certain information to employees, contractors and third parties, it is also necessary to ensure that the information remains confidential. We develop strategies and implements processes to protect such information, including drafting confidentiality, inventions and non-disclosure agreements.

Entertainment

In addition to representing clients in their entertainment law needs, Encore Law Group represents entertainment clients in their corporate law needs. We have advised clients with respect to their entertainment productions. We also represent many talent and production companies in their various business law matters.

Intellectual Property Advisory

Intellectual property (IP) is different than other assets a business may own because it is intangible. Accordingly, it presents unique challenges and opportunities. Many businesses may not realize that their most important asset is actually IP. Also, unlike other assets, if a company does not actively protect its IP, it can lose its rights to the IP. Encore Law Group advises its clients on how to best develop, protect and capitalize on their IP portfolio. We also guide our clients on how to avoid liability for infringement on the IP of others. Often times, the damages for IP infringement is statutory. This means that even if the other party did not suffer any damages, the court can award astronomical damages. Encore Law Group develop strategies and implements processes to avoid infringement and protect its clients.

Website Terms of Use and Privacy Policies

It is vital for a business to have a digital presence. This includes developing a website and apps for mobile devices. Although this seems to be a technological endeavor, the legal issues involved cannot be understated, which include copyright, trademark, domain name registration and disputes, privacy laws, defamation and other state and federal laws. Small mistakes in the online realm can have a devastating impact on your business. Many of these issues can be addressed by implementing a Terms of Use Agreement, Privacy Policy and other policies or documents that will protect your business from any potential pitfalls. Whether it is a crowdfunding site, a social media site, an e-commerce site or just an informational site, Encore Law Group advises its clients through the entire website and app development process, allowing them to take advantage of opportunities while minimizing risks.

Enforcement

Unlike other assets, an owner of intellectual property has the duty to enforce its own rights. In some cases, if an owner of intellectual property fails to enforce its rights, it can lose those rights. Encore Law Group implements processes to monitor its clients’ intellectual property to identify potential infringement by other parties. If a party does infringe on a client’s intellectual property, we prepare and send cease and desist letter to the infringing party to give the infringing party an opportunity to terminate its infringing activity. If this activity continues, we advise our clients on what steps are available to enforce its rights, including possible litigation.