Licensing: Our attorneys include recognized industry leaders in intellectual property licensing. From celebrities to innovators to leading consumer product companies, clients turn to us for expert advice on preparing and negotiating all manner of license agreements. With a focus on providing effective and efficient legal advice, we help clients get deals done.
Trademarks: In an increasingly competitive world, establishing and maintaining a strong brand identity is more important than ever. We are recognized leaders in the field of trademark law, skilled at providing strategic guidance to clients ranging from start-ups to Fortune 500 firms on selecting, clearing, protecting, licensing and enforcing their vital trademark rights. The firm currently manages the worldwide trademark and copyright filing programs of several major consumer products companies in more than 100 countries and handles more than 1,000 trademarks worldwide. As a member of the 24IP Law Group with offices in Berlin, Munich, Paris and London, we offer a global perspective on brand management and protection.
Patents: Ferdinand IP provides a full scope of patent services, from prior art searches and clearance opinions to patent prosecution and licensing. We provide essential guidance on technology transfers, as well as mergers and acquisitions involving intellectual property assets. We also regularly counsel clients on patent enforcement issues. Our attorneys have successfully litigated patent infringement actions over a vast number of industries.
Copyrights: We are committed to developing cost effective and forward-thinking strategies for protecting our clients’ creative works and avoiding infringement liability. Our attorneys counsel authors, artists, photographers, designers, software developers, toy manufacturers, as well as book, magazine and digital media publishers, in all aspects of copyright law. We regularly advise on copyright registration, chain of title review, infringement and fair use analysis and enforcement strategies.
Corporate: Ferdinand IP provides a full suite of corporate services to both private and publicly-held companies. Our experienced corporate lawyers represent the firm’s clients with respect to corporate financing transactions; mergers and acquisitions; joint venture, licensing, and other strategic partnering arrangements; tax, securities and regulatory matters; and all other facets of their businesses. Our clients range in size from true start-ups to well-established businesses across a wide variety of industries, including technology, manufacturing, services, retail, and consumer products.
IP Valuation: Ferdinand IP offers in-depth, sophisticated business and intellectual property valuation services with a particular emphasis on celebrity and brand valuation. Our firm engages in market, financial and intellectual property analysis to value assets for raising capital, mergers and acquisitions, conducting due diligence and licensing. The firm also acts as consultants and expert witnesses to provide IP valuation services in litigation and arbitration matters for a wide variety of corporate, matrimonial, estate and licensing disputes.
Entertainment: We represent clients in all areas of the entertainment industry including film, television, music, and the Web. Our attorneys have extensive experience representing clients in the negotiation and drafting of entertainment contracts and have cultivated long-standing relationships with many entertainment industry leaders. We devise innovative and sophisticated strategies for our clients to develop their properties using a variety of platforms.
Media: We represent clients in a wide range of matters of concern to both traditional and digital media. We represent digital media companies and tech entrepenuers on intellectual property, content, licensing, compliance, advertising, eCommerce, angel and venture finance, M&A, and other areas. Our clients rely on us to structure and document their business transactions with unmatched expertise and efficiency. Understanding the creative nature of our media clients’ industry, we employ a creative and innovative approach to problem solving on their behalf.
Publishing: We advise both authors and publishers on agent contracts and publishing agreements, coach clients in negotiating their own publishing contracts and in navigating the emerging e-book and self-publishing fields, and draft and review publishing agreements for not only books and literary properties, but also theatrical works, audio-visual works, films and music, artworks, photography, websites, software, mobile apps, and mixed-media properties.
Litigation & Dispute Resolution: Our attorneys have decades of experience defending and enforcing our clients’ intellectual property rights at every stage. We regularly represent clients in trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board, in UDRP domain name disputes, in administrative proceedings before the International Trade Commission, and in arbitration and mediation proceedings. We have also litigated cases involving patents, trademarks, trade dress, copyrights, trade secrets and rights of publicity, as well as disputes over licensing agreements, in trial and appellate courts across the country. With significant jury trial experience, our attorneys are fully prepared to vigorously protect our clients’ interests.
We’re also adept at resolving conflicts through negotiated co-existence and settlement agreements.
Some of our attorneys’ notable matters include:
- Tarrant Apparel Group v. Jessica Simpson, et al., N.Y.S. Supreme Court (lead counsel for celebrity in action seeking $100 million in damages arising out of alleged breach of license agreement for apparel);
- Lernell-Mass v. Zapf Creation, A.G., AAA Arbitration (lead counsel for German toy manufacturer in a three-week arbitration arising out of breach of license agreement involving technical, accounting and sales issues);
- Zumba Fitness LLC v. Macy’s, Inc., et al., 13-CV-6471, S.D. Fla. (lead counsel for defendant retailer in trademark infringement action brought by fitness company);
- Cavit v. Browman Family Vineyards, 09-2470, N.D. Cal. (lead counsel for vineyard and U.S. importer in trademark infringement action against competing wine brand);
- Wheal-Grace Corp v. Capgemini Financial Services, et al, 10-CV-6109, D. N.J. (lead counsel for defendant financial services consulting company in action alleging trademark infringement);
- John Deere Shared Services v. National City Bank, N.D. Ohio (obtained preliminary injunction for brand owner to prevent bank from selling client’s merchandise that had been seized from licensee);
- True & Dorin Medical Group v. Medical Hair Restoration, S.D.N.Y. (lead counsel for defendant in action alleging trademark infringement arising out of unauthorized use of competitor name as keyword to generate sponsored links in Google Adwords program);
- Zuke’s LLC v. Blue Buffalo Company, et al., 10-CV-2463, D. Colorado (lead counsel for pet food manufacturer in lawsuit brought by competitor alleging trademark infringement and unfair competition);
- K&M International Inc. v. Rhode Island Novelty, Inc., Dist. of Rhode Island (lead counsel for copyright owner in action alleging copyright infringement of plush toy product line);
- Reiling v. Fisher-Price, Inc., Dist. of Conn. (part of trial team that secured verdict of $1.7 million on behalf of toy inventors following three week jury trial).
- Talking Rain Beverage Company, Inc. v. South Beach Beverage Company, Inc., 349 F.3d 601 (9th Cir. 2003) (9th Circuit affirmed lower court’s grant of summary judgment on behalf of defendant Pepsi-subsidiary in a trade dress and design patent action involving competing sports bottle designs);
- Mattel France S.A.S. v. Pilot Corporation of America, 2004 Civ. 1825 (D. Conn. June 30, 2005) (district court granted defendant’s motion to dismiss declaratory judgment action filed by foreign plaintiff on the ground that court lacked jurisdiction over matters pertaining to foreign trademark rights);
- South Beach Beverage Company, Inc. v. Stephen Schwartz, Opposition No. 91/121,457 (T.T.A.B. May 9, 2005) (obtained trial verdict in favor of plaintiff in Trademark Trial and Appeal Board proceeding);
- Brockmeyer v. Hearst Corp. and Oprah Winfrey, 2003 U.S. Dist. Lexis 3394 (S.D.N.Y. March 7, 2003) (obtained summary judgment on behalf of Oprah Winfrey’s magazine, “O The Oprah Magazine,” against claims of trademark infringement);
- Rush Beverage Company v. South Beach Beverage Company, Inc. and Pepsi Americas, Inc., 2002 U.S. Dist. Lexis 23486 (N.D. Ill. Dec. 6, 2002) (obtained summary judgment on behalf of beverage manufacturer and distributor in fraud and breach of contract action);
- Barreca v. South Beach Beverage Company, Inc., 1:02 Civ. 2303 (D.Colo. Sep. 7, 2004) (obtained summary judgment following favorable Markman ruling in patent infringement action related to patent claiming ingredients and composition for chewing gum);
- Altadis U.S.A., Inc. v. J.J. Habanos, 99 Civ. 1420 T-23 MAP (M.D. Fla. 2001) (obtained $1 million award of statutory damages against counterfeiters distributing Cuban cigars in the United States);
- Johnson Electric v. Johnson International Group, 98-CV-182 (W.D. Wa. 1998) (coordinated worldwide effort on behalf of Hong Kong-based motor manufacturer to seize counterfeit goods at the Port of Los Angeles shipped from China and to secure injunctive relief against use of the mark in the U.S.).
- Olin Corp. v. Furukawa Elec. Corp., 3:02-cv-184 (D. Conn. Apr. 15, 2003) (obtained dismissal for foreign manufacturer on jurisdictional grounds in patent infringement action);
- Genentech, Inc. v. Novo Nordisk, 522 U.S. 963 (U.S. 1997) (part of team that successfully opposed petition for writ of certiorari in case involving the right of an appellate court to declare a patent invalid following lower court’s grant of preliminary injunction).
Tech Startups: We offer a competitive package of fixed pricing options for tech startups to handle the legal work for all financing rounds and to provide outside general counsel services for all of the company’s legal needs.
Prior results do not guarantee a similar outcome.
The purpose of this website is to provide information about our qualifications and experience. Nothing in this website constitutes legal advice, which can only be obtained as a result of personal consultation with an attorney. Any prior results described in this site do not guarantee a similar outcome. This information may not reflect the most current legal developments, and it may not be applicable to your specific circumstances. Do not act upon this information without seeking legal counsel.
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