The digital age lets us communicate globally and nearly instantaneously. It also significantly expands opportunities for developers, owners, distributors and consumers of intellectual property. But along with these opportunities come new legal issues that complicate the protection, exploitation and disposition of your intellectual property assets. To maximize the value of your intellectual property, you need lawyers able to anticipate and favorably address these issues.
For decades Garvey Schubert Barer lawyers have represented clients on intellectual property matters. Our experience includes the following:
- Portfolio acquisitions
- E-commerce and Internet law
- Trade secrets
- False advertising
- Patent disputes
- Emerging technologies
When necessary, we bring to clients’ intellectual property matters whatever additional legal expertise is required, such as antitrust, M&A, finance, tax, communications, securitization, trade regulation and entertainment.
We represent a wide range of businesses, from privately held start-ups to established market leaders operating both domestically and internationally. Our clients include biotechnology companies, software and computer game developers, hardware manufacturers, Internet-based enterprises, multimedia companies, broadcast stations, independent record companies, recording artists, song writers, authors and publishers, and high-profile entertainers and sports figures.
Advertising and Direct Marketing
We represent virtually every type of business in the advertising and direct marketing industry: advertising agencies; public relations firms; and direct marketing, media buying and other types of marketing organizations. Our services include the following:
- Structuring, negotiating and documenting advertising, direct marketing and promotional transactions
- Advising clients on Web-related activities such as designing, producing and placing media for Web sites and using online games and sweepstakes
- Helping clients develop and administer sweepstakes and other contests, including preparing rules and regulations
- Reviewing advertising materials to ensure legal compliance
- Counseling clients on copyright and trademark registration
In addition, we help clients negotiate mergers and acquisitions among advertising, public relations and direct marketing companies.
Computer technology plays an increasingly key role in our society. Our clients in this business space include hardware manufacturers, software developers and distributors, and end-users. We advise software companies about distributing and licensing their products and also advise them about establishing joint ventures for developing and marketing new technologies. In addition, we advise both large and small end-users acquiring computer systems and software. When appropriate, we analyze patent, trademark and other intellectual property disputes for clients.
We work with publishers, software developers and other clients to protect their rights in intellectual property. Our services include registering copyrights with the U.S. Copyright Office, resolving copyright infringement disputes and advising clients on the permissible use of copyrighted material.
Corporate Law and Commercial Transactions
Clients with intellectual property issues frequently depend on our firm for general business advice. This advice includes the full range of general business representation such as
- Organizing new companies
- Resolving legal issues arising from clients’ day-to-day operations
- Obtaining financing
- Purchasing and selling real estate, software and other intellectual property
- Negotiating, documenting and implementing mergers and acquisitions, and other commercial transactions
Domain Name Disputes
To protect clients’ trademark interests, we negotiate for the transfer of infringing domain name registrations. When necessary, we pursue resolution through ICANN’s domain name dispute resolution process.
We represent numerous clients with Internet-related businesses, including businesses with intellectual property. For these clients we handle a full range of legal matters, among them business formation; financing; licensing; privacy and content regulation; employment issues such as immigration, trade secrets and ownership of work product; software and content licensing; data protection; and electronic publishing and entertainment.
We are well equipped to represent clients developing emerging technologies. Our attorneys, in fact, advised the original developers of the Internet about legal issues arising from the creation and implementation of the National Information Infrastructure, and we helped create technical standards for Digital Audio Broadcasting and Radio Broadcast Data System.
International Technology Protection and Transfer
We have the capability and experience to help clients protect and transfer technology on a global basis. Our lawyers have represented both U.S. clients in transactions in Europe and Asia and foreign clients in transactions with U.S. parties. We have several attorneys fluent in Japanese, Korean, Mandarin Chinese and other languages.
Literary and Visual Arts
On behalf of authors, photographers and other visual artists, we negotiate agreements with book and magazine publishers, literary agencies and others seeking to use or acquire our clients’ works.
Our lawyers help clients structure and negotiate technology relationships. These include product development agreements, joint venture arrangements, and licensing and distribution agreements. Additionally, we counsel clients on tax and antitrust issues raised by these arrangements.
Television, Motion Picture and New Media Entertainment
We represent clients involved in both traditional and innovative media. They include production companies, broadcasters, content developers, distributors and individual artists. Examples of our services are the following:
- Licensing of life-story rights
- Motion picture financing and production arrangements
- Digital distribution and licensing agreements
We help clients select and register trademarks and service marks. In addition, we represent clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board, and we both enforce and defend clients’ trademark rights, including those involving domain names.
Worked with online retail company to recover its valuable domain name from a hijacker through ICANN’s Inter-Registrar Transfer Dispute Resolution Policy (TDRP) complaint procedure.
Assisted major beer company in filing a successful letter of protest with the Deputy Commissioner of the United States Patent and Trademark Office regarding an application for a confusingly similar trademark.
Online inventory distribution agreements with major European online travel agents, such as GTA and Booking.com.
News & Events
- Melodie Virtue Quoted in Communications Daily About Proposed Rule Changes to NCE and LPFM Application ProcessCommunications Daily, 1.14.19
- 28 GSB Attorneys Named to The Best Lawyers in America® 2019 List; Two Portland Lawyers Named ‘Lawyer of the Year’GSB Newsroom, 8.15.18
- GSB Newsroom, 7.24.18
- GSB Press Release, 7.27.16
- GSB Press Release, 8.20.14
- GSB Press Release, 7.30.14
- Resolution of Copyright Circuit Split in Favor of “Registration” Approach: Fourth Estate Public Benefit Corp. v. Wall-Street.Com, LLCSports & Entertainment Beat, 4.18.19
- The New BE-120: Mandatory Reporting of Foreign Transactions in Services and Intellectual Property – Upcoming June 29, 2018 DeadlineCross Border Business Law Blog, 6.22.18
- Cannabis Business Blog, 3.22.17
- Duff on Hospitality Law, 3.7.17
- Panel DiscussionAtlanta, GA, 10.25.18
- Panel PresentationSt. Paul, MN, 9.27.17
- Speaking EngagementBellevue, WA, 2.28.12
- "Impact of the AIA on Patent Litigation: Changes That May Affect Your Choice of Forum," Patent Strategies after the America Invents Act (AIA), Law Seminars InternationalSpeaking EngagementSeattle, WA, 1.30.12
- "Setting Up Transmedia Plays: Legal and Business Issues When Designing Games for Multiple Platforms and Planning for Multiple Projects," Gamer Technology Law, Law Seminars InternationalSpeaking EngagementWashington State Convention Center, Seattle, WA, 10.3.11
- "Clearance Issues for Filmmakers," Washington Lawyers for the ArtsSpeaking EngagementGarvey Schubert Barer, Seattle, WA, 1.20.11
- SeminarGarvey Schubert Barer, Seattle, WA, 10.13.10
- SponsorshipCalifornia Historical Society Museum, San Francisco, CA, 3.10.10
- "Is Social Networking an Irresistible Force Pushing Against Traditional Copyright Protection?" Effective Strategies for Copyright Counseling, Management and LitigationSpeaking EngagementRenaissance Seattle Hotel, Seattle, WA, 4.23.09
- "Trademarks and Unfair Competition Law" and "Select Issues in Intellectual Property Practice," Intellectual Property UpdateSpeaking EngagementSeattle, WA, 5.21.08
- ION 2008 Game ConferenceSpeaking EngagementSeattle Waterfront Marriott Hotel, Seattle, WA, 5.13.08
- "Fair Use and Other Copyright Misuse Defenses," Copyright Law Counseling, Management and Litigation ConferenceSpeaking EngagementRenaissance Seattle Hotel, Seattle, WA, 4.14.08
- "Corporate and Employment Issues for Game Developers," DigipenSpeaking EngagementRedmond, WA, March 2008
- "Music in the New Millennium," Copyright Society of the U.S.A. Pacific Northwest ChapterSpeaking EngagementSeattle, WA, 3.28.08
- "Open Source and Commons Issues, Concepts and Options in Enterprise Design," Bainbridge Graduate InstituteSpeaking EngagementBainbridge Island, WA, February 2008
- "IP and Business Issues for Game Developers," DigipenSpeaking EngagementRedmond, WA, February 2008
- "Recent Developments in Trade Secrets Law," Trade Secrets Litigation and Transactions ConferenceSpeaking EngagementRenaissance Seattle Hotel, Seattle, WA, 11.8.07
- "A Strategy for Getting (More) Value from Legal," Casual Games Association, Casual ConnectSpeaking EngagementSeattle, WA, July 2007
- "Be Smart about Intellectual Property," Public Broadcasting Management Association ConferenceSpeaking EngagementInterContinental Hotel, New Orleans, LA, 5.29.07
- "Fair Use, First Amendment and Copyright Misuse Defenses," Copyright Counseling, Management, and Litigation ConferenceSpeaking EngagementBellevue, WA, April 2007
- "Contracts for Artists," Washington Lawyers for the ArtsSpeaking EngagementTacoma Public Library, Tacoma, WA, 3.3.07
- "China - Methods for Licensing Technology: Practical and Legal Issues," Licensing Executives Society Seattle ChapterSpeaking EngagementGarvey Schubert Barer, Seattle, WA, 2.14.07
- "Hot Topics in Antitrust and Intellectual Property Law," Annual Spring Meeting of the Intellectual Property Section of the American Bar AssociationSpeaking EngagementWashington, D.C., April 2006
- Upcoming Availability of Internationalized Domain Names Offers Brand Expansion Opportunities While Posing Cybersquatting Risks11.11.09
- HOTEL Yearbook 2017, 3.7.17
- Garvey Schubert Barer, 11.16
- Chart of Various SoundExchange(SX) Rates and Terms to Stream Digital Sound Recordings under Statutory LicenseGarvey Schubert Barer, 11.16
- Washington Law Journal, 6.1.01
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GSB is rated Tier 1 for Copyright Law in Seattle, Washington.