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Intellectual Property

Intellectual Property Best Practices

Firm lawyers frequently advise and consult individuals and businesses on best practices with respect to IP used in medium including film, television, print, and most frequently, web usage.  Each business is responsible for its own IP it chooses to use on its various web and social media outlets, and Firm lawyers assist clients in establishing best practices with respect to such in addition to advising on intellectual property rights allocation, licensing terms, warranties, indemnities, damages disclaimers, and limitations of liability.

 

Litigation

Intellectual property can be a major source of revenue, but it can also be considerable risk. Infringement and counterfeiting cases have become ubiquitous in today’s global economy. Only naturally, the potential costs in enforcing one’s IP rights or defending against IP claims have increased substantially.

 

Companies today need counsel that is experienced in providing global IP management and enforcement services in a cost effective manner. Companies also need counsel that is able to either bring or defend against non-practicing entity infringement claims. The attorneys of Gafni & Levin LLP are equipped with the skills and knowledge to handle IP lawsuits involving patent, trademark, trade dress, and copyright infringement, as well as trade secrets across the United States.

 

Patent Litigation:

Gafni & Levin works with a team of attorneys all over the United States in prosecuting and defending patent litigation matters. To effectively meet its client’s needs, the firm tailors its litigation strategies to meet each client’s needs and objectives.

 

Copyright Litigation:

Gafni & Levin has extensive experience enforcing and defending clients in copyright litigation involving technology, media and entertainment industries. The firm utilizes an extensive network throughout the United States to enforce the rights of its clients, including but not limited to individual photographers and owners of collections of copyrighted materials and stock photo agencies.

 

Our Process

1. Investigation and Communication with the Client

As part of our initial investigation with client, we will confirm ownership and registration of the copyright, trademark or other intellectual property rights at issue. We will also seek to understand the infringement and history between the parties. We strive to understand from the client’s perspective their goals and realistic expectations of the case as well as time line and cost

2. Explore Pre-Suit or Early Resolution

In most circumstances, where appropriate we will explore pre-suit resolution when representing parties. This allows the parties to obtain their own attorneys, alert insurers and exchange information viewpoints to more efficiently come to a resolution in the case.

3. Litigation

We will generally file lawsuits on behalf of the clients where the infringers fail to reasonably respond to pre-suit requests, take downs, or settlement efforts and the client so agrees. When representing defendants we will analyze strategies for early resolution if possible. In litigation, we encourage our clients to remain open to reasonable settlement offers while ensuring that the value is fair given the damages and cost of litigation.

4. Resolution

Whether through settlement, mediation, or judgment our firm is committed to resolving cases favorably to our clients and maintaining the integrity of the legal profession and the Courts.

Prosecution

Copyrights:

Gafni & Levin attorneys have obtained copyright registrations in a variety of fields and are experienced in working with and overseeing foreign associates to obtain copyright registrations, enforce and defend copyright claims when necessary. Our lawyers counsel clients regarding the registration, licensing, policing and enforcement of their copyright rights.

 

 

Trademark prosecution:

Gafni & Levin lawyers help clients enforce and protect their trademarks against unlawful copying, use, sales, distribution, import, export or manufacturing throughout the world. Firm lawyers are adept at working with and overseeing foreign counsel to obtain, monitor, enforce and leverage trademarks and trade dress throughout the world. Unlike larger firms, we offer a cost effective way for our clients to obtain a wide range of services, including clearance and registration, searches, licensing and advertising. We also counsel clients on global anti-counterfeiting and anti-infringement strategies.

 

 

IP licensing and IP Asset Purchasing:

Our lawyers advise clients in all aspects of intellectual property issues, including intellectual portfolio and asset management. Our lawyers are dedicated to offering clients strategic counseling and development services. Our lawyers understand our clients’ technology and are experienced in analyzing portfolios to present a variety of strategic alternatives for leveraging intangible assets into new market opportunities and revenue streams. These strategies include technology and merchandise licensing, business format franchising, joint ventures, strategic alliances and partnering, and co-branding.

 

Representative Matters

Photographer v. Online Photograph Marketing Company

United States District Court, Central District of California: Our firm represented a photographer in copyright infringement claims against the defendant for obtaining, scanning, and offering for sale infringing prints. Our firm obtained partial summary judgment for liability and on the relevant defenses. The matter later resolved.

Photographer v. National Auction Company

United States District Court, Central District of California: Our firm represented a photographer in copyright infringement claims against the defendant for obtaining, scanning, and offering for sale infringing prints. Our firm obtained partial summary judgment for liability and on the relevant defenses. The matter later resolved.

Baking Company v. Baking Company; Distributor of Baked Goods, and Major Retailer

United States District Court, Western District of Texas: Represented niche bakery in trademark infringement lawsuit brought against a competing bakery infringing client’s trademark along with the distributors and retailer distributing the goods. Our firm engaged local counsel in Texas to prosecute this matter and it was ultimately resolved.

Owner of Photographic Archive

Our firm has advised the owner of thousands of original photographs with respect to the process of documenting and registering the archive of photographs as well as assisted in registration.

Let us help you!

Don’t handle your claims alone. Let our industry attorneys advise you.

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Attorneys at Gafni & Levin

Adam Gafni

Adam Gafni

Partner

Representative Clients and Affiliations