Intellectual Property

The firm counsels its clients in all aspects of copyright and trademark protection.  We represent professionals in the arts, entertainment and media industries, as well as other industries, drafting and negotiating contacts of all sorts, including book publishing agreements, website development agreements, production agreements, licensing agreements, release agreements and collaboration agreements.  In addition, the firm regularly prepares confidentiality agreements to protect against the disclosure of our clients’ proprietary information.  In addition to providing legal advice, Gail Ross serves as a literary agent for non-fiction works through the Ross-Yoon Literary Agency.

Copyright. We advise clients on how best to protect their copyrighted works from unauthorized copying by others, file copyright applications for our clients at the U.S. Copyright Office, and counsel clients regarding the “fair use” of third party copyrighted works.  We assist clients in negotiating license agreements that govern the use of third party materials in their own works.  We prepare “work made for hire” agreements and copyright assignment and license agreements, and we represent clients in infringement matters.

Trademark. We assist clients in choosing marks that will not infringe third party marks, file and prosecute applications for trademark and service mark registration at the U.S. Trademark Office.  We prepare filings required to avoid the cancellation of trademark and service mark registrations.  We negotiate and draft trademark and service mark license agreements.  We send and respond to cease and desist letters claiming trademark infringement. And we advise clients regarding domain name registrations, and represent clients in domain name disputes.

Right of Publicity.  We represent talent in spokesperson and other agreements where the person’s name, voice, image or likeness will be used by third parties.  Additionally, we prepare releases when our clients wish to incorporate interviews with or footage of third party individuals in their works.

Confidentiality.  We negotiate and draft non-disclosure agreements to protect against the dissemination of confidential information to third parties.

Publishing.  We advise writers, independent publishers and associations on all aspects of the book publishing process from idea to distribution.  We also assist clients with issues relating to the publication of scholarly journals.

Internet.  We work with clients on website and software development agreements.  We advise our clients on rights issues arising in web-based activities, including website content, e-mail campaigns, online branding and digital libraries.  We work with our clients to prepare privacy and other policies for their websites. We negotiate and draft website affiliation agreements and other website marketing arrangements.

Film & TV.  We represent independent producers, writers and musicians on development and production agreements for film and television media.  We assist with rights clearance issues regarding film and television production.