Intellectual Property
In today's increasingly competitive marketplace it is becoming more critical that companies manage, protect and grow their intellectual property assets. From patent, trademark and copyrights to trade secrets and licensing, our lawyers are versed in all areas of IP law.
Our intellectual property practice focuses on advising clients in all aspects of intellectual property law, including trademarks, copyrights, patents, and trade secrets. Our attorneys have significant experience in the prosecution of patents and the registration of trademarks before the United States Patent and Trademark Office, as well as the registration of copyrights with the United States Copyright Office. We are actively involved in the enforcement of all intellectual property rights, and our litigation experience includes the prosecution and the defense of claims of patent, trademark, and copyright infringement, misappropriation of trade secrets, as well as appended claims of unfair competition.
The firm represents a variety of clients seeking to obtain patent protection for new inventions. The practice includes the filing and prosecution of patent applications (provisional, utility, design, reissue, and reexamination) before the U.S. Patent and Trademark Office, as well as international applications using the benefits of the Patent Cooperation Treaty (PCT). A variety of art fields have been encompassed within these efforts, including chemical processes, industrial tools and devices, manufacturing methods and devices, communications systems and various computer software assisted technologies. Further, the firm continues to both prosecute and defend clients in patent infringement litigation in numerous federal court venues across the Gulf Coast, as well as counsel clients on licensing and transfer issues related to patented technology.
Similarly, the firm represents numerous clients in the protection and registration of trademarks and service marks, both at the federal level before the U.S. Patent and Trademark Office, internationally (via the Madrid Convention Agreements), and with numerous state offices. Federal registration practice includes opposition and cancellation proceedings within the trademark office. Enforcement and defense of trademark rights continues in both federal and state forums. Trademark and service mark advice includes front-end counseling and term-searching, so that our clients have the information needed to select a mark that can be both protected and free from affirmative claims by others.
Our intellectual property lawyers handle copyright registration for all works of authorship with the U.S. Copyright office. The firm has both defended and prosecuted complex copyright infringement claims in a variety of forums. Advice regarding the securing and transferring of copyright interests, and the contractual agreements needed to accomplish these goals are provided to our clients.
We represent clients from a variety of industries, including computer programming, communications, energy, chemical and manufacturing, as well as clients involved in disputes over insurance coverage and defense obligations for these claims.
Experience
Copyright Claim Defense
Successfully defended a health care system in a trademark claim made by a community health center operating under a similar trade name. As part of expanding its services and operations, the health system went through a rebranding exercise. Shortly after changing its brand, it was sued for federal, state, and common law trademark infringement, unfair competition, and state law trademark dilution. The Phelps team moved to dismiss all the claims. During the discovery period, the Court granted the motion and dismissed all claims. Within two weeks of the amended complaint being filed the case was settled without the need for additional discovery.
Successfully represented a nonprofit education association alleging trademark infringement by former board members. Following a highly publicized multi-day jury trial, the court authorized a settlement agreement and the defendants agreed not to use the trademarks, affirming Phelps’ demand for the same.