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Intellectual Property

Intellectual property is often a client’s most valuable asset. Miller Nash Graham & Dunn LLP has the expertise to strategically and seamlessly integrate our clients’ goals with reality. We offer a full range of intellectual property services for businesses and individuals, including procurement, enforcement, licensing, strategic advising, dispute resolution, and technology transfer. Our services span a wide variety of industries, including consumer products, food and beverage, higher education, biotech, and software.

Our attorneys handle all areas of trademark procurement and protection, both domestically and internationally. We help clear and register trademarks, manage trademark portfolios, develop enforcement strategies and licensing schemes, and file, prosecute, and defend trademark oppositions and cancellations before the Trademark Trial and Appeal Board. Clients count on our advice on the trademark aspects of advertising, including fair use issues.

The patent practice at Miller Nash Graham & Dunn addresses all aspects of patent law. We help clients develop and execute their patent strategies through all phases of patent prosecution both domestically and abroad. We work with businesses and inventors to secure patent rights for inventions, and are well situated to handle inter partes reviews, ex parte reexaminations, Post Grant Review, as well as patent litigation. Clients’ business decisions are made easier by our answering of critical questions related to patentability, freedom to operate, patent validity, and infringement. We also counsel clients interested in determining the merit or worth of IP assets, including patent portfolios, for various business transactions.

We assist clients in protecting and registering copyrights for all types of original work, including print, audio, video, software, website and database content. Clients benefit from our counsel on copyright protection strategies, ownership, licensing of music and other protected content, royalties, rights clearance, and the fair use of copyright. Clients depend on us to help them navigate issues in cyberspace, including the Digital Millennium Copyright Act (DMCA), online advertising, the right of publicity, and the growing world of social media. We counsel clients in the selection, registration, protection, transfer, and acquisition of that all-important intellectual property asset: the domain name. We also work with clients that receive copyright infringement letters.

Trade Secrets and Confidential Information
The attorneys at Miller Nash Graham & Dunn counsel clients regarding confidentiality and nondisclosure agreements, the protection of trade secrets, and agreements with employees, contractors, and others to preserve and protect proprietary information. We help our clients develop best practices for establishing and preserving these valuable assets.

Litigation/Dispute Resolution
We assist our clients in protecting their intellectual property rights by prosecuting infringement claims when their rights are infringed and defending claims when they are challenged. We also assist with disputes involving licensing, and other IP-based agreements. When appropriate, our attorneys work with clients to develop alternative strategies to litigation, including structuring strategic and beneficial settlements, alternative dispute resolution, and engaging in administrative proceedings with bodies such as the Trademark Trial and Appeal Board, the Patent Trial and Appeal Board, and arbitration forums that decide domain-name disputes under the Uniform Dispute Resolution Policy (UDRP).

Licensing and Publishing Agreements
The commercialization of intellectual property rights through licensing is an important part of our work. Our team prepares license agreements for all types of intellectual property and provides strategic and tactical advice in license negotiations. We also review and negotiate publishing contracts for literary and artistic works, musical works, and video games.

Representative Experience

Prepared demand letters for client facing widespread infringement of registered trademark. Communicated with counsel for infringers and obtained agreements to cease using mark.
Oversaw management of patent portfolios and preparation of and revised patent applications and responses to office actions.
Prepared two recent Customs petitions for clients experiencing product seizure and penalties, with the result of 100% and 90% penalty decreases, respectively. One of these results was particularly difficult to obtain because the client had in fact violated registered intellectual property rights with products it had manufactured in China for U.S. sales.
Prepared franchise agreement for client launching new franchise venture, including key terms of trademark license and business operations requirements. Prepared disclosure and registration documents required to comply with federal and state franchise disclosure and registration laws.
We help enforce copyright and trademark rights for a client with substantial intellectual property assets. Our work includes investigating and analyzing potentially infringing activities, recommending business-appropriate strategies for enforcing and preserving the client's intellectual property rights, and implementing those strategies.