Services

Intellectual Property Counseling and Advocacy

Marc's experience in intellectual property counseling and advocacy includes primarily "soft IP"--meaning copyrights, trademarks and protection of trade secrets. Marc has provided advice, counsel and advocacy in soft IP matters to major publishers, technology companies, manufacturers, musicians and authors. Although Marc has participated as co-counsel in significant patent litigation, the focus of his practice remains soft IP, and generally falls into the categories of services described below. 

Counseling and Protection

  • Counseling on the creation and management of soft IP portfolios.
  • Preparing and submitting copyright registrations.
  • Preparing and submitting trademark applications.
  • Advising on strategies to protect trade secrets.
  • Drafting and negotiating non-disclosure agreements and similar provisions in contracts related to trade secrets and other confidential and proprietary information.
  • Drafting and negotiating assignments of IP rights.

Licensing

  • Drafting and negotiating copyright license agreements.
  • Drafting and negotiating trademark license agreements.

Enforcement and Advocacy

  • Drafting and sending cease and desist letters on behalf of IP owners to others that are infringing their copyrights or trademarks.
  • Pursuing litigation on behalf of IP owners against others who have infringed their copyrights or trademarks or misappropriated trade secrets.
  • Issuing takedown notices under the Digital Millennium Copyright Act (DMCA) to websites that contain materials that infringe the copyrights of IP owners.
  • Defending persons and companies accused of infringing the copyrights or trademarks of others or misappropriating trade secrets.
  • Responding to United States Patent Trademark Office (USPTO) Office Actions in order to obtain approval of trademarks.
  • Appearing and representing IP owners in Trademark Trial and Appeal Board (TTAB) proceedings.