Intellectual Property Planning and Protection

For creative companies, intellectual property protection is at the forefront of a successful business strategy. A successful business path must also steer clear of infringement allegations from others, which can cause expensive delays and, in some instances, monetary damages or court-ordered suspension of operations. That’s why Matesky Law provides a full scope of intellectual property counseling to protect our clients’ rights and avoid costly infringement disputes.

• Trademark Searching and Availability/Registrability Opinions

• Trademark Registration and Domestic/International Brand Portfolio Management

• Copyright Registration

• Copyright Infringement Review and Opinions

• Digital Millennium Copyright Act (DMCA) Compliance Policies

• Trade Secret Counseling, Protection Policies, and Non-Disclosure Agreements

• IP Licenses, Assignments, Work-Made-For-Hire Agreements, and Co-Existence Agreements

Agreements, Terms & Transactions

A business deal may begin with a handshake, but without a well-written agreement, it is more likely to end up as an expensive litigation headache. Clearly-defined written agreements are the best way to lay the groundwork for successful business relationships, whether dealing with contractors, customers, or potential competitors. Written agreements are especially important when dealing with goods and services subject to intellectual property rights, as they are often legally required to effectively grant or transfer certain rights.

Matesky Law aids clients in creative and technology-based industries in reviewing, negotiating, and drafting licenses, contracts, terms and conditions, and other transactional documents. From independent contractor agreements, to record distribution deals, to mobile app EULAs and privacy policies, Matesky Law provides practical advice to protect clients’ business assets in all variety of transactions.

• Technology Licensing (inbound, outbound, EULAs, open-source, etc.)

• Software Development Agreements

• Publishing & Recording Agreements

• Distribution Agreements

• Non-Disclosure Agreements

• Online Terms of Service

• Privacy Policies 

• DMCA Compliance Policies

Disputes & Litigation

Matesky Law helps clients to vigilantly monitor the marketplace for potential infringements and to prevent encroachment on their rights before they begin taking market share. Matesky Law also defends clients faced with accusations of infringement or other legal violations. When such disputes arise, Matesky Law strives to obtain beneficial resolutions for clients without the need for expensive litigation. However, when it becomes necessary to fight a client's case through litigation, Matesky Law provides vigorous legal advocacy in service of our clients’ rights.

Mr. Matesky’s state and federal court litigation experience runs the gamut of intellectual property cases, from copyright infringement, trademark and trade dress infringement, patent infringement, trade secret misappropriation, and right of publicity claims, to business claims based on breach of contract, breach of fiduciary duty, tortious interference with contract, unfair competition, and numerous other statutory and common law causes of action.

When it comes to litigation, Matesky Law provides the “big firm experience” clients desire when going toe-to-toe with their adversaries, while still providing the flexibility, responsiveness, and value of a smaller firm.

• Intellectual Property Monitoring & Enforcement Programs

• Sending & Responding to Demand Letters

• Trademark Oppositions & Cancellations

• Cybersquatting & Uniform Domain Name Dispute Resolution Policy (UDRP) Actions

• State & Federal Litigation:

  • Copyright Infringement

  • Trademark and Trade Dress Infringement

  • Design Patent Infringement

  • Right of Publicity

  • Unfair Competition & False Advertising

  • Consumer Protection Act

  • Defamation

  • Breach of Contract

  • Business Torts (Tortious Interference, Breach of Fiduciary Duty, etc.)