Our intellectual property attorneys can help you understand, identify, manage, protect and realize the value of your intellectual property. We work hard to give our clients the best and most cost-effective counsel that meets their particular needs and objectives.
Our clients include software and technology companies, large nonprofits and family foundations, creative and marketing agencies, retail and e-commerce businesses, consumer products companies, professional service providers, artists, authors and musicians. We work with our clients on large and small transactions, including IP audits, state and federal registrations, patent prosecution, licensing agreements, business deals and contracts, and enforcement.
Our areas of experience include:
From initial conception through execution, we work with our clients to ensure that their message is grounded within a sound legal framework. Clients include name-brand advertisers, advertising agencies, PR firms, production companies, advertising agency networks, media companies, technology companies, publishers, film studios, television networks, cable channels, authors, musicians and celebrities.
Our practice covers areas as diverse as regulatory compliance, consumer protection, intellectual property, celebrity endorsements, e-commerce, promotions, sweepstakes, contests, event management, sponsorships, product placement, licensing, defamation, invasion of privacy, contracts, mergers and acquisitions, joint ventures, social media issues, and trade association regulation.
We regularly work to ensure that all new and existing marks, slogans, taglines, logos and copy are properly cleared and conform to established and accepted usage guidelines. We also provide important due diligence and risk management advice regarding the substantiation of product claims. For campaigns involving promotions, we advise on the creation and execution of sweepstakes, contests, raffles and loyalty programs executed both online and through traditional media venues.
Art, Film, Music & Creative Work
We represent a wide variety of creative genius, including artists, film makers, actors, musicians, recording artists, writers and illustrators, photographers, furniture designers, jewelry makers and architects. We work closely to help our clients better understand the scope and value of intellectual property rights in their creative works, what kinds of agreements and deals make sense for their works, and how best to protect those works and see that they are used in a way that is consistent with identifiable goals and values.
Nonprofit and Legacy IP Stewardship
Manufacturing and Distribution Law
Domain Name Registration & Dispute Resolution
We work with our clients to establish and protect their online presence, which often begins with a portfolio of memorable, relevant domain names.
Our team can negotiate contracts and execute strategies for acquiring and owning domain names and websites. We advise on content development, ownership and contract terms, termination of agreements and payment schedules.
We also assist our clients with domain names that have been pirated, stolen or hijacked, as well as defending such clients in disputes brought by third parties. We advocate our client’s rights against competitors who register a similar domain name in order to divert traffic to their own site. Where appropriate, we also file claims on behalf of our clients under the Uniform Domain Name Dispute Resolution Policy (UDRP) with the Internet Corporation for Assigned Names and Numbers (ICANN).
Food, Beverage & Hospitality
Whether you're a startup restaurant, food truck owner, growing regional chain, seasoned multi-unit operator, winery, brewery, distillery, spirits company, bar, nightclub, caterer, private chef, hotel, resort or private club, we can help identify and address the unique issues that your business will face.
We counsel clients in the formation and startup of companies, private placements of securities and other equity funding, commercial leases, franchising, brand protection, employment matters, and beverage alcohol licensing. We also represent businesses and individuals in litigation.
IP Ownership & Commercialization
Best & Flanagan’s intellectual property team can help clients identify and manage their intellectual property assets. Our intellectual property attorneys are regularly called upon to secure and/or clarify ownership of commercially valuable assets such as trade secrets, trademarks, copyrightable works and patentable inventions. We work closely with our clients to identify potential opportunities and commercialization strategies for intellectual property assets, develop sound enforcement strategies, policies and procedures to safeguard intellectual property portfolios, as well as determining and documenting appropriate value.
We have developed a series of intellectual property audits, designed to gather information, implement new protective strategies and explore potential corrective activities as necessary, so that businesses can better protect and commercialize their intellectual property portfolios, and refine and integrate internal policies designed for collaborative use by management, operations, marketing, human resources, finance, information technology, and other disciplines.
The right to control the commercial use of a person’s identity has become a critical element in today’s high exposure marketing and advertising endeavors. Sponsorships, endorsements and social media are only some of the venues for which an individual’s name, image, photograph, voice, signature or other aspect of their often unique identity can be commercially leveraged or exploited. Best & Flanagan’s Intellectual Property team represents famous individuals and prominent businesses in leveraging, protecting and enforcing their publicity rights.
Best & Flanagan has a long track record working with start-up, emerging and publically traded technology companies.
Often the cornerstone of a tech-related business, technology industry clients require lawyers who understand how to protect their intellectual property assets. As such, we provide patent, trademark and copyright counseling to a diverse clientele yielding from such market segments as computer hardware and software, life sciences, medical devices, pharmaceuticals, computer imaging, process control systems, electronic gaming and publishing, Web-based business, retail, publishing, content development and e-commerce based enterprises.
Web Platforms & Social Media
Best & Flanagan advises content and service providers and a variety of businesses and nonprofits operating online. Clients rely on our attorneys to work on a broad spectrum of projects and transactions ranging from e-commerce, website development, click-through licensing, marketing, distribution, user and terms of service arrangements; hardware and software contracts; intellectual property protection and licensing. We also work with our clients on enforcement of brand names within domain names, social media, adwords/keywords, phishing, false blogging and other online brand identity theft, such as the sale of counterfeit goods in online auctions and the use of brand names in virtual-reality worlds.