PRINT EMAIL THIS PAGE
 
 

Practice Areas

Banking & Finance
Business Finance
Employee Benefits & ERISA
Government Relations
Intellectual Property & Internet
Labor & Employment
Litigation
Natural Resources
Real Estate
Tax & Estate Planning
 

GROUP MEMBERS

Damon E. Coombs
Douglas K. Cummings
Nathan R. Denney
James D. Gilson
Laurie S. Hart
David J. Langeland
Bradley E. Morris
John H. Rees - Chair
Paul H. Shaphren
 
 

Intellectual Property & Internet

INTRODUCTION

The members of the Intellectual Property and Internet Law Practice Group provide solutions for clients seeking to protect their various intellectual property rights. The attorneys of this Group focus on prosecuting federal and state trademark applications, prosecuting federal copyright applications, and licensing of intellectual property. These attorneys represent multiple clients in intellectual property litigation, including trademark, copyright, and patent infringement matters, and breach of trade secret and non-disclosure covenants. Their representation also includes advising clients on various other intellectual property issues such as the use of intellectual property on the Internet, mergers and acquisitions, distribution of goods, and other corporate transactions involving intellectual property.

For more information regarding this Group, please contact John H. Rees at (801) 530-7388 or jhrees@cnmlaw.com.

TRADEMARKS

Members of this Group have prosecuted hundreds of federal and state trademark applications on behalf of their clients, advised clients on the appropriate use of trademarks, and represented clients in trademark licensing agreements. In addition, the Group has represented clients in trademark infringement and unfair competition litigation cases. Working closely with foreign associates, we have assisted clients in filing trademark applications in many countries around the world.

COPYRIGHT

We represent clients in the prosecution and protection of copyrights. Many of our clients are database owners and require quarterly group copyright application filings. We advise clients generally on copyright issues, and have negotiated and drafted copyright license agreements in addition to computer software licenses.

LICENSING

We have extensive experience in drafting and negotiating intellectual property and technology license agreements. These license agreements include complex computer software licensing, including online applications, database licensing, end-user license agreements, shrink-wrap license agreements, copyright license agreements, and trademark license agreements. The practice also includes negotiating and drafting computer software source code escrow agreements.

TRADE SECRETS

In addition to the protection of trademark, copyright and other intellectual property rights, our attorneys advise clients on how to protect their trade secrets. We assist our clients in negotiating and preparing contracts for the protection of trade secrets. This Group also represents clients in litigation involving misappropriation of trade secrets.

LITIGATION

Our attorneys in this Group have extensive experience involving trademark, copyright, and patent infringement litigation; licensing disputes; misappropriation of trade secrets; unfair competition litigation; and enforcement of trademark registration rights before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office and in State and Federal Courts. Click for further information regarding representative cases.

INTERNET

Internet Law encompasses many areas of the law. Specifically, we advise clients on protecting their intellectual property online, avoiding legal landmines on the Internet, and protecting their domain names. We assist clients in drafting development, service provider, subscription, and license agreements and in developing enforceable online contracts. We advise clients on Internet issues such as legal issues when framing and linking, avoiding trademark infringement when using domain names, and avoiding copyright infringement when using databases and the works of others. Members of this Group have written articles and made presentations on Internet and intellectual property issues, such as privacy, including the Gramm-Leach-Bliley Act. The Group also advises clients on legal issues surrounding the use of email and represents clients in litigation involving spam.

MULTIPLE LISTING SERVICES

Our attorneys have significant experience in working with multiple listing services and their strategic legal concerns. The Group is nationally recognized for the direction provided to multiple listing services. The services provided by members of the Group include database licensing, protection, ad structuring, licensing online multiple listing services software applications, identification and protection of intellectual property, general business issues, and various other legal issues facing multiple listing services.

PRODUCT DISTRIBUTION AND FRANCHISING

Our attorneys have negotiated and drafted several licensing, distribution, reseller, and value-added agreements for the distribution of goods and services. These contracts are usually tied to the protection and exploitation of intellectual property. Our clients are distributors of goods and services, both domestically and internationally. Antitrust concerns are a significant part of any distribution agreement, and we advise our clients on antitrust issues as they apply to their distribution models. In addition to product distribution agreements, we represent franchisees in negotiating franchise agreements.

BUSINESS AND INTELLECTUAL PROPERTY

We represent clients in a variety of corporate transactions, including, non-disclosure and non-competition agreements, mergers and acquisitions involving intellectual property, international export licensing and regulations, employment agreements and issues involving intellectual property, debt and equity financing of technology companies, security interests in intellectual property, corporate structure, governance, taxation, and other general counsel services.