Industries & Practices

Intellectual Property

Helping clients protect and grow their most fundamental assets — who they are, what they create and the relationships they build.

Overview

Intellectual property (IP) is often a company’s most valuable asset and can be an important strategic tool in the competitive marketplace. Bricker & Eckler provides practical and cost-effective IP protection services. Developing tailored legal solutions and furthering our clients’ objectives, we apply our knowledge of the rapidly changing complexities associated with IP law and our experience in understanding clients’ business needs.

Inventors, entrepreneurs, startups and international companies value our team’s technical background, broad legal and business knowledge, and deep experience in evaluating, protecting, enforcing and licensing IP. Our services are designed to help navigate today’s legal obstacles and safeguard companies while they build a portfolio of intangible resources.

Specifically, we are experienced in negotiating and drafting licenses for patent, trademark, copyright and trade secrets. We frequently draft and counsel clients on confidentiality agreements, independent contractor agreements, non-compete agreements, customer contracts and vendor contracts. Our goal is always intellectual property preservation and enforcement.

Bricker’s IP practice provides services across the full spectrum of IP law, including:

  • Advising and supporting all aspects of trademark portfolio and brand management in the U.S. and internationally, including pre-filing clearance, application filing strategy, prosecution, maintenance, monitoring, enforcement and negotiation
  • Creating copyright claim registration programs and registering claims of copyrights in websites and other strategically important copyrighted works and protecting these works online, including through strategic use of Digital Millennium Copyright Act takedown notices
  • Creating and participating in invention identification and protection programs and drafting and prosecuting applications for patents in the U.S. and internationally
  • Creating and reviewing trade secret strategies and procedures
  • Drafting, reviewing and negotiating IP provisions in contracts for commercial transactions
  • Performing due diligence on IP assets for sale in the marketplace or as part of a business acquisition
  • Advising on IP aspects of domain name protection, disputes and concerns
  • Reviewing advertising copy and packaging for compliance with federal and state laws, regulations and guidelines, including false advertising and unfair competition
  • Litigating claims of infringement of patents, trademarks, trade secrets and trade dress, copyrights, false advertising, unfair competition, cybersquatting, counterfeiting and related claims
  • Representing parties in proceedings before the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office
  • Advising on responses to data or privacy breaches, including compliance with reporting requirements
  • Creating workable data privacy and security policies

Related Industries & Practices

Areas of Focus
Trademark, Copyright & Brand/Advertising Issues

Our intellectual property attorneys counsel a wide variety of clients in the areas of brand development and trademark portfolio management. We help clients with trademark policing and enforcement, protection and registration strategies, and proper trademark usage. We also conduct and analyze trademark clearance searches to determine availability, conduct domestic and international trademark investigations and watches, prepare and prosecute domestic and foreign trademark applications, and manage all post-registration affidavits, renewals and related activities. Additional services include reviewing advertising materials and packaging, and drafting promotion, marketing and co-branding agreements to ensure proper use.

Patents & Patent Litigation

The value of an invention or idea may be priceless, and the importance of protecting this asset cannot be underestimated. Whether working with a large business, a small start-up or an inventor, we take all the necessary legal measures to safeguard these resources. This process may involve drafting and prosecuting domestic patent applications; providing patentability, validity, infringement and right-to-use analyses and opinions; coordinating the international registration and application for patents; representing clients in patent infringement matters ranging from multimillion-dollar federal disputes to small disputes resolved out of court; and drafting contracts for the transfer or licensing of patents.

Internet Issues

Especially for start-ups and technology-based companies, the internet and web presence is often an important factor to business success. To protect our clients’ web-based assets, we file and defend domain name disputes under ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the anticybersquatting provisions of the U.S. Lanham Act, we investigate online copyright infringement and send takedown notices under the Digital Millennium Copyright Act, and we perform ongoing review and analysis of client websites, including advising on any privacy, terms of use, trademark and copyright issues. Additionally, our team assists with establishing privacy policies and procedures designed to protect proprietary information. We address the loss of consumer, financial and health data, along with other privacy breaches.

Franchise & Distribution Law

Using a multidisciplinary approach, our attorneys guide franchisors and franchisees on a wide spectrum of key issues that affect this unique business model — from initial franchise creation to compliance with federal and state franchise and business opportunity laws to enforcement of terms of the franchise agreement. We have represented local, national and international clients and offer counsel regarding applications, master licensing, negotiation of agreements and contracts, circular and disclosure documents, tax issues and more.

Experience

Insights & Resources
People
Christopher M. Ernst Christopher M. Ernst Partner
Christopher M. Ernst Partner
Cleveland
216.523.5472
cernst@bricker.com
Megan Savage Knox Megan Savage Knox Staff Attorney
Megan Savage Knox Staff Attorney
Columbus
614.227.8885
mknox@bricker.com
Gregory J. Krabacher Gregory J. Krabacher Partner
Gregory J. Krabacher Partner
Columbus
614.227.2369
gkrabacher@bricker.com
Edward A. Matto Edward A. Matto Partner
Edward A. Matto Partner
Columbus
614.227.2340
ematto@bricker.com
Christina J. Miller Christina J. Miller OSBA Certified Paralegal
Christina J. Miller OSBA Certified Paralegal
Columbus
614.227.8809
cmiller@bricker.com
Diane M. Signoracci Diane M. Signoracci Partner
Diane M. Signoracci Partner
Columbus
614.227.2333
dsignoracci@bricker.com