In today's competitive business environment, a company's proprietary information and products often establish its edge in the marketplace.
The value of these assets is significantly diminished if they are not protected with appropriate copyrights, trademarks, or patents. From fashion brands and recording artists to life sciences companies, financial services companies, and entertainers, businesses must devote significant resources both to develop these assets and to guard against their misappropriation.
Pryor Cashman’s Intellectual Property (IP) Group brings together a broad-based team of attorneys experienced in all aspects of intellectual property. Whether we are defending a major Hollywood film studio against a copyright infringement claim or securing patents for a start-up technology firm, our IP Group has the knowledge and experience to optimize and protect our clients’ valuable intellectual property. Our work in the IP space has been consistently recognized by Chambers and Partners and The Legal 500.
What We Do
Our attorneys handle every type of IP matter, including patent prosecution, copyright, and trademark registration, defending and asserting infringement and related claims, and negotiating agreements ranging from licenses to purchases and sales of IP assets.
Our award-winning IP Group, working with the firm’s preeminent Media + Entertainment and Litigation Groups, attracts industry superstars such as Lady Gaga, Elton John, and Sylvester Stallone. Clients also include major motion picture studios, and content publishers and distributors seeking to protect and leverage their works and their brands.
Creating Value Through Copyrights, Trademarks, and Patents
Securing the value in most ideas, services, or products begins with the pursuit of copyright, trademark, or patent at the earliest possible juncture. Our attorneys are skilled at drafting copyright, trademark, and patent applications that provide the broadest protection. We also assist in devising global enforcement strategies that include anti-counterfeiting measures, Internet monitoring, and U.S. Patent and Trademark Office watch services.
Beyond establishing our clients’ rights in their intellectual property, we help companies optimize and leverage their IP portfolios in numerous ways. From licensing to celebrity branding, our attorneys apply decades of experience, advising clients on both the advantages and risks in any given situation and negotiating agreements that accurately reflect each client’s long-term goals. We also advise on IP issues in the context of mergers + acquisitions, guiding everything from the validity and enforceability of any copyrights, trademarks, and patents included in the deal to the impact of licensing and other agreements involving the target company’s intellectual property and proprietary information.
Data Privacy, Cybersecurity and Compliance
Our attorneys work with our clients throughout the entire lifecycle to protect our clients and their confidential information. We draft privacy policies, terms and conditions, and end user license agreements; review domain name registration and hosting (including gTLD); craft social media advertising disclosure and platform agreements, and advise on general online security and privacy practices and strategies. We also counsel clients on how to comply with state, Federal Trade Commission (FTC), and international rules and regulations regarding data privacy, including Proposition 24 aka the California Privacy Rights Act (CPRA); the California Consumer Privacy Act (CCPA); the EU and EEA's General Data Protection Regulation (GDPR); the Children's Online Privacy Protection Act (COPPA), and a host of other regulations.
We have worked with companies in connection with creating Security Breach Incident Reporting forms, processes, and protocols, which are typically tailored to the most strict jurisdictions, such as California, Delaware, and Illinois. Further, as a New York-based firm, we have worked with many of our clients to ensure data security compliance with New York's Stop Hacks and Improve Electronic Data Security Act (S.H.I.E.L.D. Act).
We have also worked with many of our clients after data breach incidents to determine the scope of the breach and whether state data breach notification statutes were triggered. Where appropriate/necessary, we have prepared notices to consumers, state’s Attorneys General, credit reporting bureaus, and other law enforcement agencies. We have also corresponded with state’s Attorneys General after sending notification correspondence and work with clients throughout the incident lifecycle to ensure proper communication and compliance so they can focus on returning to normal.
Sweepstakes, Advertising, and Promotions
Our attorneys are knowledgeable about the guidelines promulgated by the Federal Trade Commission (“FTC”) and other domestic and international regulatory and governing agencies with respect to privacy, advertising, and competition concerns, and help to ensure that online promotions (including sweepstakes, loyalty programs, and contests) abide by all state, provincial and federal laws.
Protecting + Defending IP Rights
When disputes arise, our IP litigation team represents clients in federal and state courts and before foreign tribunals on both sides of infringement claims. We also handle, among other IP matters, including trade secret and unfair competition disputes, claims under the Digital Millennium Copyright Act, and conflicts between intellectual property rights and the First Amendment.
