Trademark & Brand Protection

At Lee & Hayes we have an expert team of trademark practitioners and experienced trademark-specific support staff who understand the value and importance of trademarks and other brand assets. Our comprehensive approach to trademarks and brand protection starts with counseling clients in developing their trademarks and brands, protecting those marks and brand assets, and monetizing and enforcing those marks and brand assets as necessary.

Trademark and Brand Development

Lee & Hayes has substantial experience building, maintaining and protecting worldwide trademark portfolios. In an increasingly competitive marketplace, strong trademarks and brand assets equal marketplace gains and customer loyalty. To help our client’s achieve this, we work with them as they develop and select marks, in clearing their marks for use in the US and around the globe, and in registering their marks with state, federal, and foreign governments. Once our client’s marks are registered, we have a sophisticated internal docketing team dedicated to best-in-class portfolio management.

We pair the development of trademarks and brand assets with best practices and extensive experience in formulating and implementing global brand strategies; obtaining domain names through ICANN proceedings and counseling on “digital real estate”, advising on trade name and trade dress rights and usage, and provide guidance on use of trademarks and brand assets in marketing and advertising.

Trademark and Brand Licensing and Transactions

Because intellectual property is at our core, we are uniquely positioned to provide counsel and advice on trademark and brand asset transactions. In fact, we have a dedicated team of corporate and intellectual property transaction attorneys that coordinate efforts with substantive trademark experts to help clients leverage their trademark and brand assets. This expertise includes trademark and brand related deals involving finance, mergers and acquisitions, tax, licensing, assignments, coexistence and concurrent use agreement, joint ventures, intellectual property holding company development, franchise agreements, and manufacturing and distribution agreements, to name a few.

Trademark Enforcement: Litigation, Brand Protection, and Anti-counterfeiting

When a trademark or other brand asset is being threatened, it may be necessary to utilize the court systems at the federal and administrative levels for protection. Our expertise in trademark litigation spans the country in district court, appellate court, and administrative forums. It is not our practice to force litigation, but rather, to work closely with our clients to resolve trademark disputes in a manner that meet the needs of our clients. When litigation is required, our record of success and thoughtful representation speaks for itself.

Oftentimes litigation and other traditional means of trademark enforcement is not practical. As a result, creative non-traditional means of brand protection and enforcement are required, including working with Customs and Border Protection; combating cybersquatting and domain name infringement with UDRP proceedings, online e-commerce platform takedowns, payment processor account seizures, webhost takedown requests, and different combinations of each of these mechanisms to best address the type of infringement and counterfeiting the client is experiencing.

Trade Secrets

With the mobility of today’s workforce, the ease of access to information and intense global competition, it is vital to protect trade secrets. At Lee & Hayes, we identify and determine the best mode of protecting intellectual assets so that our clients can maintain secrecy and benefit from the fruits of their innovations.