Intellectual Property

The intellectual property lawyers at Brick Gentry combine their legal expertise with their technical backgrounds to provide our clients with the advice they need to protect their innovations consistent with their corporate objectives. We manage intellectual property portfolios; this includes the preparation, filing and prosecution of patent, trademark and copyright applications in the United States as well as with foreign associates around the globe.

Our subject matter expertise spans mechanical; computer software and technology; internet and other business methods; and chemical and biological processes. We regularly conduct patent and trademark searches and render legal opinions with respect to availability and infringement of patents as well as patent validity, freedom to operate and technology state-of-the-art. Additionally, we work closely with clients on franchise agreements and brand management as well as registration and transfer of domain names and other online, social media, technology and e-commerce matters.

Brick Gentry's intellectual property group works closely with clients and other counsel in providing intellectual property due diligence investigations pertaining to mergers and acquisitions as well as other business transactions. We also assist clients in the negotiation of agreements covering the license or transfer of intellectual property as well as related technology, trade secret and confidentiality agreements. Additionally, we counsel clients in various disputes including patent, trademark, copyright, unfair competition, trade secret and intellectual property ownership - taking great pride in reaching amicable resolution whenever possible. Finally, we represent our clients in litigation matters by providing the expertise needed with respect to the questions at issue. In short, Brick Gentry truly is a full service intellectual property practice group.

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Copyrights

Our copyright experience includes the preparation and filing of copyright applications with the United States Copyright Office covering all areas of copyrightable subject matter including, but not limited to, computer software, websites, literary works, musical works, corporate manuals, promotional, educational or entertainment audio/visual materials, two dimensional works of art such as photographs, paintings and graphic design, three dimensional works of art such as sculpture, as well as the production of dance, musical and theatrical works. We regularly advise our clients on copyrights including the proper protection of same throughout the world as well as avoiding infringement of copyrights of others including those on the Internet.

Information Technology Law

We understand the need to integrate technologies to run your business efficiently and maintain competitive advantages to help your business reach its maximum potential.  We also understand that information technology (“IT”), data security, and assuring customer data privacy, both from a regulatory and customer service perspective, can be one of the most challenging issues facing a business today - one that is often overlooked. 

Accordingly, we counsel and collaborate with clients to proactively identify issues, achieve regulatory compliance, and create innovative solutions to help them reach their business goals.  We regularly help clients to create, implement, and update IT policies to address and reduce liability associated with cybersecurity, information and data security, and/or privacy breach(es) and to achieve efficiencies.  We also assist clients with the evaluation, acquisition, and implementation of IT hardware, software, and services, including cloud-based services.

Our clients operate in a wide range of industries including information technology, health care, agriculture, professional services, manufacturing, retail services, real estate, and financial services.  Moreover, our clients range from startups to large corporations.  Accordingly, we work closely with our clients to understand their specific technology needs and goals as well as to identify and address technology, data security, and/or privacy issues before they arise.

Using this approach, we gain a deep understanding of our client's business technology and intellectual property needs and challenges.  This enables us to partner with our clients to achieve practical, business-oriented solutions to increase efficiencies, improve quality, and reduce cost while complying with ever-changing and expanding industry rules as well as state and federal laws and regulations.

We help clients with a wide range of technology related issues, including:

• Counseling clients in association with licensing transactions;
• Negotiating contracts for acquiring IT services and hardware, including, but not limited to, cloud-based services;
• Drafting and updating existing privacy policies and IT security policies, including, but not limited to, counseling clients on determining data aggregation procedures, personal information identification and protection, and trade secret protection and use procedures;
• Drafting and updating existing end user license agreements, Software as a Service agreements, website hosting and development agreements, and website terms of use;
• Drafting and updating existing employee policies for technology use, including, but not limited to, social media uses and the implications of same as well as employee bring-your-own-device policies;
• Drafting and updating existing vendor policies;
• Evaluating cyber liability insurance needs;
• Developing intellectual property portfolio strategies, especially with respect to software innovations, and integrating IP strategies with the IT resources available; and
• Navigating and complying with international, federal, state, and industry regulations with respect to privacy standards, data security standards, and breach notification policies.

Intellectual Property and Technology Law

The Intellectual Property Practice Group further advises our clients on Intellectual property audits and portfolio management as well as due diligence investigations associated with mergers and acquisitions; technology license agreements; trade secrets and non-disclosure agreements; unfair competition; corporate intellectual property procedures and employment agreements; sweepstakes, promotions, celebrity endorsements, rights of publicity and rights of privacy; and issues relating to social media and other on-line and e-commerce matters. We counsel and represent our clients in negotiations as well as litigation in the courts or alternative dispute proceedings.

Patents

The Intellectual Property Practice Group comprises a vast array of diverse technical backgrounds in engineering, biology, chemistry, computer hardware and software as well as life sciences. We are registered to practice before the United States Patent and Trademark Office and regularly prepare, file and prosecute United States and International Patent Cooperation Treaty (PCT) patent applications in addition to working with foreign associates in Patent Offices all over the world. In addition to patent prosecution, we render opinions on patentability, infringement, validity, state-of-the-art and freedom to operate. We further provide counseling to our clients relating to patent disputes and enforcement of patent rights including litigation in the courts. We also prepare and negotiate license agreements and advise on other transactions relating to patent rights including due diligence investigations associated with mergers and acquisitions.

Trademarks

Brick Gentry's trademark attorneys assist clients with brand identity strategy and managing the protection, licensing and enforcement of trademark rights. We do this through the preparation, filing and prosecution of trademark, service mark and trade dress applications at the United States Patent and Trademark Office and work with foreign associates to do the same throughout the world. In addition to prosecution, we render opinions on availability of marks for use and registration as well as avoiding infringement of third party trademark rights. We regularly prepare and negotiate trademark assignments, license agreements and franchise agreements and represent our clients in litigation in state and federal courts. These matters often involve domain names and the Internet which are often handled through alternative dispute resolution proceedings. The trademark attorneys also perform trademark audits and due diligence investigations in association with mergers and acquisitions.