Litigation
McHale | Slavin has extensive experience in complex litigation involving patents, copyrights, trademarks, unfair competition, and trade secrets in federal trial and appellate courts throughout the United States, and at the US Patent & Trademark Office’s Patent Trial and Appeal Board (“PTAB”) and Trademark Trial and Appeal Board (“TTAB”). In approaching any litigation, our attorneys […]
Copyright Licensing
As with other forms of intellectual property licensing, copyright licensing presents its own set of special considerations. Because copyright involves a “bundle” of different rights that are separable from each other, effective licensing must carefully address these different issues. Copyright licensing is also an important element of most publishing agreements. McHale | Slavin has extensive […]
Appeals & Supreme Court Cases
McHale | Slavin’s appellate and Supreme Court practice builds on its litigation practice, to address more critical legal issues before the federal appellate courts across the country and at the United States Supreme Court. Our attorneys know the procedures to navigate the intricacies of these Courts and their procedures, and how best to frame and […]
US Patent & Trademark Office “Litigation”
In addition to our experience in federal courts, McHale | Slavin’s litigation attorneys are experienced in the quasi-judicial proceedings before the Patent Trial and Appeal Board (“PTAB”), including inter partes review and appeals from patent prosecution and ex parte reexaminations; and before the Trademark Trial and Appeal Board (“TTAB”), including opposition and cancellation proceedings. These […]
Unfair Competition & Trade Secret Litigation
Unfair Competition McHale | Slavin represents clients in matters relating to unfair trade practices including federal actions under the Lanham Act and state law causes of action. Unlike other areas of intellectual property law, unfair competition actions are not preempted by federal law and may involve both federal and state causes of action. The law […]
Copyright Litigation
McHale & Slavin has extensive knowledge and experience in copyright litigation which, because of its potential complexity and the strength of the remedies provided for infringement, takes on major importance for any litigant in these cases. We have many years of experience successfully representing both plaintiffs and defendants, and bring our valuable understanding and depth […]
Trademark Litigation
McHale | Slavin has wide experience and success in handling trademark and trade dress litigation in the federal courts, as well as cancellation and opposition proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. The related field of Internet domain name disputes, both in federal court and before administrative […]
Patent Litigation
Sometimes innovation begets imitation. An issued patent gives its owner the right to exclude others from making, using, selling, offering for sale, or importing the patented invention. Typically, a party wishing to practice a patented invention enters into a license or purchase agreement with the patent owner in order to secure the right to do […]
Trademark Licensing
A trademark license has its own special set of issues. A large measure of the value of a trademark consists of its “goodwill,” i.e., the reputation for quality held by the source of the goods and services sold under the mark. A trademark owner can directly establish and control that goodwill as the mark is […]
Copyright Registration & Counseling
Copyright subsists in original works of authorship from the moment of creation and fixation in a tangible medium. Although registration is not a requirement for protection, it is generally inexpensive and the copyright law provides important advantages to copyright owners who register their works, including: registration establishes a public record of the basic facts of […]