Intellectual Property

Strategic Trademark, Copyright, and Advertising Counseling Services

Trademark, Copyright, and Advertising Counseling Hero Image.

At Foley, we are dedicated to meeting your immediate trademark and copyright needs. But we also partner with you to understand the intricacies of your business and the potential of your IP portfolio. Simply put, we want to collaborate with you to make certain your portfolio meets your long-term business objectives and ensures your present and future viability in the marketplace.

We provide a range of strategic counseling services to help you make the most of your assets, including: 

  • Trademark and copyright: Maintenance of your global portfolio, including acquisition and sale of rights, as well as clearance, selection, and fair use advice. 
  • Advertising: Clearance and claim substantiation involving compliance with federal, foreign, and state laws and regulations, including the Lanham Act, FTC Act, state unfair competition laws, deceptive trade practices, consumer fraud and industry-specific advertising laws, as well as keyword advertising issues. 
  • Claims: Advising on the validity of claims brought against you, and the strength of claims you can bring against competitors, as well as advising on protection afforded by federal and state statutes, antitrust and non-competition laws, and the Lanham Act. 
  • Internet: Advising on trademark and copyright issues for DMCA safe harbors; antipiracy; ISP secondary liability; social network sites; cybersquatting; and massively multiplayer online gaming (MMOG). 
  • Anti-counterfeiting: Identification of assets most at risk, developing internal policies, procedures, and draft documents (e.g., demand letters, notices of infringement, and settlement letters), and enlisting the help of government agencies, such as U.S. Customs and Border Protection. 
  • Trade dress and product configuration: Product and design clearance, reviewing the product features to protect unique design elements, such as color and configuration, and working with our patent colleagues on possible design patent rights. 
  • Budgeting: Reviewing your IP portfolio, potential liabilities, and business objectives to devise a budget that meets your needs. Using Foley’s Budget Management Tool allows you to view real-time performance against budget, to eliminate surprise, and to allow for proactive discussions on solutions.