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Overview

Comprehensive, strategic advice to protect and defend your intellectual property rights

A company’s intellectual property is its lifeblood, and it requires diligent protection to avoid significant losses. Theft and disclosure of trade secrets can destroy a company’s competitive advantage, erode market share, and compromise business strategies. Unauthorized use, reproduction, or distribution of protected works, trademarks, or inventions can dilute brand value and hurt a company’s reputation. The proliferation of counterfeit products can damage customer trust and slash revenue.

Dunlap Bennett & Ludwig is a full-service law firm that understands what is at stake. Our intellectual property lawyers help businesses safeguard their innovative ideas and creations, enabling them to maximize the value of their intellectual assets, differentiate themselves in the market, and maintain a competitive edge.

 

Dunlap Bennett & Ludwig: Strategic partners in intellectual property protection

We go beyond legal advice to become your strategic partner. Our intellectual property attorneys work with you to align IP protection with your business objectives, whether you’re a startup building your brand or an established company defending your market position. We tailor our services to your needs, ensuring your creative works and innovations drive long-term success.

Our intellectual property lawyers focus on helping clients protect and enforce their legal rights — patents, trademarks, copyrights, and trade secrets — in their creative and innovative works, including inventions, designs, brands, and artistic expressions. We advise clients on obtaining patents, trademarks, and copyrights so they can prevent the unauthorized use and copying of their intellectual property. As a result, our clients maintain their competitive edge, boost revenue, and build a strong brand reputation.

By helping creators and inventors protect their exclusive rights, we help foster innovation and creativity. Our attorneys ensure creators can control the use and distribution of their works and ensure that their intellectual assets are protected so their contributions to commerce and culture can be recognized.

 

Our experience in intellectual property law

The attorneys at Dunlap Bennett & Ludwig work closely with businesses and individuals to understand their objectives, assess risks, and develop proactive strategies to protect and monetize their intellectual assets. We offer a comprehensive range of services that encompasses all facets of IP portfolio management and protection, from conducting intellectual property audits to registering trademarks and enforcing intellectual property rights.

We realize that intellectual property isn’t just a legal asset; it’s a business driver. Our attorneys guide businesses through intellectual property due diligence during mergers, acquisitions, and licensing negotiations. We help you identify opportunities to monetize your IP portfolio, strengthen your market position, and mitigate risks in high-stakes transactions.

 

Our work in patent law

Our patent attorneys provide end-to-end services, from identifying patentable innovations to managing global portfolios. We handle patent prosecution, portfolio strategy, and litigation, ensuring your inventions are not only protected but also leveraged for maximum business impact.

For example, we assist clients in filing applications with the U.S. Patent and Trademark Office to secure patents for their inventions, products, processes, and designs. Our intellectual property practice includes drafting and prosecuting patent applications, conducting prior art searches, and managing patent portfolios. We also help patent owners protect their innovations and obtain the right to exclude others from making, using, or selling their inventions. With our deep understanding of U.S. patent law, we also provide strategic advice on patentability, freedom-to-operate, and patent infringement matters.

 

Our work in trademark law

We help clients build and defend their brands through comprehensive trademark services, including registrations and enforcement, for the distinctive signs, symbols, or phrases used to identify and distinguish a business or product. For example, we conduct global trademark searches, help clients navigate the registration process with the U.S. Patent and Trademark Office to secure trademark rights, and work with businesses and individuals to manage their trademark portfolios.

From navigating complex opposition proceedings to defending your brand in litigation, we protect what makes your business unique. Our experienced trademark lawyers assist in trademark enforcement, including oppositions, cancellations, and infringement actions.

 

Our work in copyright law

Our team works with clients to secure exclusive rights through copyright protection for their creative works, including original literary, dramatic, musical, and artistic works and software. We ensure creators have the right tools to protect the expression of their ideas and that they can control the use and distribution of their works.

 

Our work in trade secret law

Our trade secret practice focuses on proactive protection, helping businesses implement policies, restrictive covenants, and confidentiality agreements to protect the confidential information their business uses to gain a competitive advantage. We have helped clients protect formulas, practices, processes, designs, instruments, and patterns that are not generally known or easily ascertainable. When disputes arise, we represent clients in misappropriation and breach of confidentiality claims to ensure their competitive edge remains intact.

 

Our global reach

With intellectual property laws varying significantly across jurisdictions, navigating global IP protection requires deep expertise. Our team has extensive experience securing and enforcing patents, trademarks, and copyrights internationally. Whether filing through the World Intellectual Property Organization (WIPO) or managing cross-border enforcement actions, we ensure your IP assets are protected worldwide.

  • Copyrights
  • Patents
  • Technology Transactions and Licensing
  • Trade Secrets
  • Trademarks
  • Trademark Registration

Frequently Asked Questions

Should I file a patent, or will trade secret protection be enough?

The answer depends on your ability to keep the invention secret. Patents prevent others from making, using, or selling your inventions for a limited period, but applying for patents requires you to disclose how your inventions work. Publicly disclosing an invention before filing can limit or eliminate your patent rights, particularly outside the U.S. Even so, patent protection may make sense if competitors can reverse-engineer the invention from your product. Trade secret protection may work better for an internal formula, process, or method that competitors can’t easily discover, because protection lasts indefinitely if you take reasonable steps to protect their secrecy.

Can I trademark my business name or logo?

Maybe, so long as the name isn’t generic (e.g., “bicycle”) or descriptive (e.g., “creamy”) and others aren’t using it already in the market. That’s why you should perform a clearance search in the federal trademark database before you invest in a name or logo. Your search should answer two questions: (1) Is the mark distinctive enough to protect? and (2) Is the mark too similar to a mark that someone else already uses for related goods or services? Look beyond identical names because your mark can create a conflict if it looks, sounds, or means something similar to an existing mark for related goods or services. Be sure your search covers state registrations, business names, websites, and unregistered marks being used in the marketplace.

Someone is selling counterfeit versions of my product on Amazon or another online marketplace. What can I do?

Begin by preserving evidence of the listings, sellers, products, and transactions. Major online marketplaces offer reporting and brand protection tools; registered trademarks, copyrights, and patents can make those tools more effective. Depending on the problem’s scope, the response may include platform takedown requests, cease-and-desist letters, customs enforcement, or litigation against the sellers and the networks supporting them. An experienced intellectual property attorney will monitor platforms, submit takedown requests, identify sellers, and pursue further action when platform remedies aren’t enough.

What should an intellectual property licensing agreement include?

The agreement should clearly identify the intellectual property and explain who may use it, for what purposes, in which markets, and for how long. It needs to address exclusivity, sublicensing, payment and royalty calculations, reporting and audit rights, ownership of improvements, enforcement responsibility, confidentiality, warranties, indemnification, and what happens when the license ends. Uncontrolled licensing may weaken or jeopardize trademark rights, so include quality-control provisions. The right terms depend on the technology, the parties’ business plans, and whether the license is part of a larger development, manufacturing, distribution, or services relationship.

Do I automatically own the copyright in work that my contractors create?

No. A company generally owns copyright in work an employee creates within the scope of employment; however, an independent contractor ordinarily owns the work unless the contractor transfers the copyright in a signed written agreement. Calling the project a “work made for hire” doesn’t change that result. For contractor-created work, the work-for-hire rule applies only to specific categories of commissioned works and requires a signed agreement. Your contractor agreement should include an assignment of intellectual property rights in addition to work-for-hire language, especially for software, websites, photographs, videos, designs, and logos.

How do I protect my company’s trade secrets?

To qualify for trade secret protection, your company must take reasonable measures to keep the information secret. What qualifies as “reasonable” depends on the information’s value and sensitivity. Courts are likely to find confidentiality agreements, physical and technical safeguards, and employee training reasonable. When employees leave, collect company devices and records, remove system access promptly, and remind them of any continuing confidentiality obligations. Don’t forget to require vendors and business partners to protect any confidential information that you share with them. Failing to take any of these precautions may cause you to lose trade secret protection.

Do U.S. patents and trademarks protect us in other countries?

Generally, no. Patent and trademark rights are territorial, so U.S. protection doesn’t automatically create rights elsewhere. International filing systems make it easier to seek protection in multiple countries, but no patent or trademark applies worldwide. Decide where protection matters based on where you sell, manufacture, license, face competitors, or expect to expand. Filing deadlines are strict, especially for patents, so devise an international strategy before you disclose an invention or enter a new market.

When should I register a copyright?

Copyright protection begins when you create an original work that is fixed in a tangible form. However, registering your copyright affords important enforcement benefits. For instance, you must register ownership of a U.S. work before you file an infringement lawsuit. Prompt registration may also preserve your ability to seek statutory damages and attorneys’ fees if infringement occurs. Consider early registration for valuable or frequently copied materials, such as software, photographs, videos, website content, product designs, training materials, and advertising.

What should I do if someone claims that my company infringed its intellectual property?

Don’t ignore the accusation, but don’t admit liability or remove material before understanding the claim. Preserve the relevant products, designs, communications, development records, licenses, and other evidence. An intellectual property attorney will determine whether the claimant owns an enforceable right, whether your company’s conduct falls within its scope, and whether a license, fair use, independent development, invalidity, or another defense applies. Next steps may include a negotiated resolution, a design change, a licensing agreement, an administrative proceeding, or litigation. Early legal review can prevent an informal response from limiting your options later.

OUR TEAM

Partners

Alex Butterman

Partner

Charles Cantine

Partner

Joseph (Joe) Diamante

Partner

Thomas Dunlap

Partner

Daniel Finnegan

Partner

William Flachsbart

Partner

Linda Graham

Partner

Robert Greenspoon

Partner

Dubs Herschlip

Partner

Harvey B. Jacobson, Jr.

Partner

Michael La Porte

Partner

Carlos Linares

Partner

John C. Luce

Partner

David Ludwig

Partner

Robert S. Pierce

Partner

Cortland Putbrese

Partner

Team

Su Young (Jane) Cho

Associate

Courtney Rochelle

Associate

Reyno Tapia Jr.

Associate

Jonathan Thomas

Associate

Craig Besnoy

Of Counsel

Jason Witten

Of Counsel

Mark Magas

Senior Associate

Brandon Rickwood

Senior Associate

Michael Shafer

Senior Associate

Hyung Gyu (Leo) Sun

Senior Associate

Carolyn Williams

Senior Associate

Anna Kinney

Patent Agent

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As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

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