Intellectual Property


Our firm regularly assists its clients in protecting copyrights, trademarks, patents and trade secrets while avoiding claims of infringement on the rights of others. Innovations, creations, efficiencies and problem solutions are intellectual capital. They are valuable intangible assets that require unique methods of protection. We have the necessary expertise in every aspect of such protection.

We have years of trial experience in the enforcement of intellectual property rights. We have experience with the available tools to help innovators, creative content providers, problem solvers and businesses of every type preserve and build their business and their hard earned reputation. Whether it is preventing your competitor or ex-employee from gaining access or using your proprietary information and intellectual property, stopping unfair competition, misrepresentation and confusion in the marketplace or defending against unwarranted claims, our firm's capabilities will be on your side. The client's unique circumstances, goals, needs and resources dictate the best mix of strategies that we will recommend.

Our firm concentrates in the following transactional and litigation arenas.
  • Trademark searches, registration, licensing, and litigation in the courts and before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. (Mark Smith is licensed to practice before the U.S. Patent and Trademark Office)
  • Unfair competition, advertising, defamation and disparagement disputes.
  • Copyright searches, registrations, licensing, counseling and litigation.
  • Trade secrets: recognition of value, reviewing methods of protection including contracts, non-competes, licenses, confidentiality agreements, and enforcing rights and litigation.
  • Internet, domain name disputes, e-commerce and web development agreements.
  • Computer law, software, sale and license agreements and performance contracts.
  • Patents, licensing, cease and desist letters and responses, and patent litigation ( Mark Smith is licensed with the U.S. Patent and Trademark Office).
  • Privacy, publishing and publicity rights.
  • Due diligence in acquisition, licensing or sale of any form of intellectual property.

Practice Group Chair:J. Mark Smith
(Transactional Section): J. Mark Smith and Robert F. Wilson
(Litigation Section): J. Mark Smith
(Defamation and Privacy Section): J. Mark Smith and John C. Haas

Practice Group Contact: msmith@pwhclaw.com