Intellectual Property | Stearns Weaver Miller

Our lawyers have extensive experience handling complex business and legal issues relating to patents, trademarks, copyrights, domain names, and trade secrets. We specialize in the prosecution, protection, and strategic management of intellectual property assets. We aggressively enforce and defend intellectual property rights in federal and state courts throughout the country, routinely litigating trademark infringement, copyright infringement, patent infringement and trade secret misappropriation actions, and licensing disputes. We have broad experience in drafting, negotiating, and enforcing intellectual property contractual matters including name image likeness (“NIL”) licenses, intellectual property licenses, transfer agreements, and assignments. The collaboration between the intellectual property team and other firm lawyers well-versed in diverse practice areas such as antitrust, commercial real estate lending, technology transactional law and complex litigation provides a substantial competitive advantage to our clients.

Range of Services
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Range of Services

Litigation, Arbitration, and Administrative Actions
- Federal trademark infringement litigation under the Lanham Act
- Domain name enforcement and defense litigation under the Anti-Cybersquatting Consumer Protection Act (“ACPA”)
- Domain name arbitration under the Uniform Domain Name Dispute Resolution Policy (“UDRP”)
- Federal copyright infringement litigation under the U.S. Copyright Act
- Federal patent infringement litigation under the U.S. Patent Act
- Trademark opposition and cancellation proceedings and appeals before the Trademark Trial and Appeal Board
- Patent reexaminations and appeals before the Patent Board of Examiners
- Complex commercial litigation involving intellectual property contracts
- Trade secret misappropriation litigation under the Uniform Trade Secrets Act (“UTSA”)
Trademark Management
- Strategic trademark counseling including advise for increasing mark strength and registrability
- Clearance search and opinion
- Drafting and prosecuting trademark applications
- Portfolio management including renewal tracking
- Trademark infringement monitoring and enforcement
- Contract drafting and negotiation including trademark licenses, co-existence and concurrent use agreements and assignments
Patent Management
- Strategic patent counseling including advise for filing subsequent patents to maintain an open chain of prosecution
- Clearance search and opinion
- Drafting and prosecuting patent applications
- Portfolio management including renewal tracking
- Patent infringement monitoring and enforcement
- Contract drafting and negotiation including patent licenses, joint development agreements, and assignments
Copyright Management
- Strategic copyright counseling
- Drafting and prosecuting copyright applications
- Contract drafting and negotiation including copyright licenses, publishing agreements, work for hire agreements, and assignments
Name Image Likeness (“NIL”) Counseling and Branding
- Development of NIL marketing strategies
- Contract drafting and negotiation including athlete contracts and branding agreements
- Brand management and consultation
- University compliance and reporting
- Legislation tracking