Intellectual Property
Protect what
you've built.
Trademark registration, copyright protection, trade secret programs, IP licensing, and strategic portfolio management. Your intellectual property is often your most valuable business asset, and the one most frequently left unprotected until it is too late.
Registration & Enforcement
IP Protection
Intellectual property protection starts with identification and registration, and continues with monitoring, maintenance, and enforcement. The goal is to create legal rights that are enforceable, documented, and aligned with your business strategy.
Trademark Registration & Portfolio Management
Federal and state trademark registration, monitoring, and renewal management. We handle clearance searches, application preparation, office action responses, and ongoing portfolio maintenance to protect your brand identity across all relevant classes.
Copyright Registration & Strategy
Copyright registration for software, content, creative works, and marketing materials. Registration is a prerequisite for statutory damages and attorney's fees in enforcement actions, and the earlier you register, the stronger your position.
Trade Secret Programs
Design and implementation of trade secret protection programs that satisfy the requirements of the Defend Trade Secrets Act and state trade secret laws. Identification of protectable information, access controls, employee and contractor obligations, and incident response protocols.
Non-Disclosure Agreements
Drafting and negotiation of mutual and unilateral NDAs for employee onboarding, vendor relationships, partnership discussions, and M&A diligence. Tailored to the specific information being shared and the commercial context of the relationship.
IP Audits & Inventory
Comprehensive identification and documentation of all intellectual property assets: registered and unregistered trademarks, copyrights, trade secrets, domain names, and proprietary technology. An IP audit is essential before any financing round, acquisition, or strategic partnership.
Brand Protection Strategy
Proactive monitoring and enforcement strategy to protect your brand against infringement, dilution, and unauthorized use. Includes trademark watch services, cease-and-desist protocols, and domain name dispute resolution through UDRP proceedings.
Licensing & Transfers
IP Transactions
Intellectual property is a transactional asset. How it is licensed, assigned, and transferred determines whether your company captures the value it creates, or gives it away through poorly structured agreements.
IP Licensing (Inbound & Outbound)
Structuring license agreements that clearly define scope of use, exclusivity, territory, sublicensing rights, royalty structures, and termination triggers. Whether you are licensing technology in or monetizing your own IP, the terms of the license determine the value of the deal.
IP Assignment & Transfer
Documenting the transfer of intellectual property rights: from founders to the company, from contractors to clients, or between entities in a corporate restructuring. Assignments must be properly executed and recorded to be enforceable against third parties.
IP Due Diligence
Investigation and assessment of IP assets in connection with M&A transactions, investment rounds, and strategic partnerships. We identify ownership gaps, encumbrances, pending disputes, and valuation considerations that affect deal structure and risk allocation.
Technology Transfer Agreements
Agreements governing the transfer of proprietary technology, know-how, and technical information between parties. Includes development milestones, acceptance criteria, warranty provisions, and ongoing support obligations.
Joint Development Agreements
Structuring collaborative development relationships where multiple parties contribute resources to create new IP. Critical provisions include IP ownership allocation, background IP carve-outs, commercialization rights, and cost-sharing arrangements.
Open Source Compliance
Review and management of open source software usage within your products. Identification of license obligations, compliance with copyleft and permissive license terms, and implementation of policies to manage open source risk in commercial software.
Planning & Growth
IP Strategy
IP strategy is not a one-time exercise; it evolves with your business. From early-stage planning through exit, the right IP strategy protects your competitive position and maximizes the value of what you have built.
Early-Stage IP Planning
Founder IP Assignment
Ensure all pre-incorporation IP is properly assigned to the company before the first funding round.
Contractor IP Provisions
Work-for-hire clauses and IP assignment provisions in every contractor and consulting agreement.
Core Brand Protection
Trademark registration for company name, logo, and primary product names before market launch.
Trade Secret Identification
Identify and document proprietary processes, algorithms, and business methods from day one.
Employee IP Obligations
Invention assignment, confidentiality, and non-solicitation provisions in offer letters and employment agreements.
Portfolio Management for Growth Companies
Expanding Trademark Coverage
Additional filings as you enter new product categories, geographies, or international markets.
Copyright Registration Program
Systematic registration of software releases, content libraries, and marketing materials.
License Revenue Optimization
Structuring outbound licensing programs to monetize IP assets while protecting competitive position.
IP Insurance Evaluation
Assessment of IP insurance products for enforcement cost coverage and defense against infringement claims.
Competitive IP Monitoring
Ongoing monitoring of competitor filings and market activity that may affect your IP position.
IP in Fundraising & Exits
Diligence Readiness
Organize IP records, chain-of-title documentation, and registration certificates for investor review.
IP Representations & Warranties
Prepare for the IP-related representations required in financing documents and purchase agreements.
Freedom-to-Operate Analysis
Assessment of third-party IP that could affect your ability to commercialize your products.
IP Valuation Support
Documentation and analysis to support IP asset valuation in acquisition negotiations.
Post-Close IP Integration
IP assignment, license migration, and brand transition planning in connection with M&A transactions.
Common Questions
FAQ
When should a startup file its first trademark application?
As early as possible, ideally before or immediately after launch. Trademark rights in the United States are based on use in commerce, but federal registration provides nationwide constructive notice, the ability to record with U.S. Customs, and access to federal courts. Filing early also prevents a later-arriving competitor from registering your brand name in the same class. At a minimum, file before your first major marketing push or funding round. Investors will ask about trademark status during diligence.
What is the difference between a trademark, a copyright, and a trade secret?
A trademark protects brand identifiers: names, logos, slogans, and other source-identifying marks used in commerce. A copyright protects original works of authorship: software code, written content, designs, music, and visual art. A trade secret protects confidential business information that derives value from being kept secret: formulas, algorithms, customer lists, and business strategies. Each type of IP has different registration requirements, duration, and enforcement mechanisms. Most businesses have assets in all three categories and need a coordinated protection strategy.
Do I need to register a copyright, or is it automatic?
Copyright protection arises automatically upon creation of an original work fixed in a tangible medium. However, registration with the U.S. Copyright Office is required before you can file a federal infringement lawsuit. More importantly, if you register before infringement occurs (or within three months of publication), you are eligible for statutory damages and attorney's fees, which are often the only practical enforcement tools for small and mid-sized companies. Registration is inexpensive and straightforward; the cost of not registering is felt only when you need to enforce.
How do I protect my company's trade secrets?
Trade secret protection requires that you take reasonable measures to maintain secrecy. This means identifying what information qualifies as a trade secret, limiting access to those who need it, using NDAs and confidentiality agreements with employees and third parties, implementing technical access controls, and documenting your protection measures. Under the Defend Trade Secrets Act and most state trade secret statutes, you lose protection if you fail to take reasonable steps. A trade secret program does not need to be perfect, but it needs to exist and be consistently followed.
What should I do before licensing my IP to another company?
Before entering a license agreement, you need to confirm that you actually own the IP being licensed, which requires reviewing founder assignments, contractor agreements, and employee invention assignment provisions. Then define the scope: exclusive or non-exclusive, field of use, territory, sublicensing rights, and duration. Consider the financial terms: upfront fees, running royalties, minimum guarantees, and audit rights. Address what happens on breach, bankruptcy, or change of control. A poorly drafted license can give away more than you intended or create obligations you cannot satisfy.
Work With Us
Let's build an IP strategy that protects what makes your business valuable.
Initial consultations are straightforward — no pressure, no jargon. Just an honest conversation about your business and what you need.
Attorney Advertising. The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a written engagement agreement is signed. See full Disclaimer.