Intellectual Property, Technology & Privacy Law
No area of the law has grown more quickly in the past ten years than Intellectual Property, and Holmstrom & Kennedy has continued to be thought a leader in the area throughout that time. We provide current and relevant advice on cutting-edge issues, and make sure our clients are receiving up to the minute guidance to manage their intangible and technology assets.
Copyright protection is an important element of corporate planning that is often overlooked. Owners of federally registered copyrights have the ability to file suit against infringers in federal court and receive up to $150,000 in statutory damages per infringement. Additionally, federally registered copyright owners are eligible for reimbursement of their attorneys' fees from infringement litigation. Without a federal registration, however, copyrights are very difficult and expensive to enforce. Our Intellectual Property Group will help you identify copyrighted works within your organization and set up a registration program so that much of this work can be done internally and without great expense.
Trademarks are the fundamental tool our clients use to distinguish their goods and services from those of their competitors. We take brand creation and protection very seriously at Holmstrom & Kennedy. Our Intellectual Property Group can handle the full spectrum of trademark issues, from helping develop a strong, protectable mark all the way through registration and maintenance. We can also file foreign registrations, including Madrid Protocol and European Community Trademark filings, and handle all forms of Internet-based trademark issues, including domain name protection, "cybersquatting" and Uniform Domain Name Dispute Resolution procedures.
Our Intellectual Property Group routinely advises clients with respect to the protection and enforcement of trade secrets. We prepare and analyze confidentiality agreements, non-competition agreements and trade secret licensing transactions. In conjunction with our Employment & Labor Law Group, we can also provide extensive guidance with respect to intellectual property related employment matters, such as ownership of works created, proper procedures for maintaining confidentiality and exit interviews.
Licensing and Other Transfers of Ownership
Buying, selling and licensing intellectual property are each challenging transactions that require significant knowledge and experience. Our intellectual property attorneys work on these transactions every day. We have negotiated and closed many complex IP and technology asset transactions, including the purchase and sale of enterprise-level software systems, acquisition of patent portfolios and establishment of licensing programs for copyrighted works and trademarks. We can negotiate and close the purchase of major IP and IT assets and conduct mergers and acquisitions involving substantial IP and IT assets. When the transfer and ownership of these assets is an issue, you should have competent and experienced counsel to guide and document the transaction.
Due diligence and indemnification rights go a long way towards protecting you from infringement liability; however, a full intellectual property review should also consider intellectual property infringement coverage. Our attorneys can help you find appropriate insurance coverage and advise you about the scope and limitations of that coverage.
Privacy and Right of Publicity
Holmstrom & Kennedy has an extensive privacy law practice. We are thoroughly familiar with all aspects of medical privacy law, including HIPAA privacy and security, Illinois physician/patient privilege, Federal Part 2 Confidentiality of Alcohol and Drug Abuse Patient Records and Illinois Mental Health and Developmental Disabilities Confidentiality Act. We can help you establish or maintain compliance programs under HIPAA and the Gramm-Leach-Bliley Act, and make effective responses to complaints and investigations with respect to your privacy practices.
In addition to privacy law, Holmstrom & Kennedy can help you pursue damages under "right of publicity" laws which have been adopted by most states. Right of publicity laws protect individuals from having their identities used for commercial purposes without prior written authorization. If you are an advertising or media consultant, we can help you properly secure right of publicity written consents to avoid future litigation.
Intellectual Property Auditing
The best time to start identifying and protecting the intellectual property described above is now. Our Intellectual Property Group will examine your organization in detail to identify what kinds of intellectual property are present. We will then document your ownership as necessary, prepare and file registrations and help you establish a program to properly identify, register and maintain your intellectual property portfolio going forward. We can also establish a license program to help leverage your portfolio and utilize non-core IP that would otherwise lay dormant and eventually expire without value.
Intellectual Property Litigation
Holmstrom & Kennedy has experience with all forms of intellectual property and technology-based litigation. We defend and prosecute trademark infringement actions, Uniform Domain Name Dispute Resolution Procedure proceedings, Anticybersquatting Consumer Protection Act claims, United States Patent and Trademark Office cancellation and opposition proceedings and copyright and trade secret infringement actions. If any element of your intellectual property portfolio has been infringed, Holmstrom & Kennedy will proceed with swift and efficient enforcement of your rights. Conversely, if you become the subject of an intellectual property infringement action, we will provide the strongest possible defense to ensure that your rights are preserved and your liability is minimized.
Other Attorneys in this Practice Group
|ALEXANDER J. MEZNY
With H&K since 1992
AMANDA J. ADAMS MARTINEZ
With H&K since 2005
|J. JOSEPH McCOY
With H&K since 2007