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Intellectual Property Law

Modern businesses find it increasingly necessary to protect aggressively what are frequently their most valuable assets - intellectual property rights. Trade names and trademarks, patents, copyrights, trade secrets and other intellectual property rights generally reflect substantial investments of capital, time and effort. In our increasingly competitive market place, businesses must move aggressively, but cautiously to perfect and protect valuable intangible rights.

Galland Kharasch attorneys concentrating in the area of intellectual property law have broad and extensive experience in all aspects of this discipline. We assist clients in defining and establishing their intellectual property rights. We prepare and prosecute patent, trademark and servicemark applications for our clients, provide advice on protecting copyrights in creative works and offer continuing trademark maintenance assistance to assure that renewal and statutory proof-of-use requirements are met. In this process, we aggressively work to assure maximum legal protection for our clients' rights, candidly advising them from the very beginning as to both the strengths and weaknesses of their claims.

Many of our clients have earned substantial income from the controlled "sale" of their intellectual property through licensing agreements and similar arrangements. They have come to appreciate our assistance, particularly in the treacherous legal field of the interface between the antitrust laws and the laws protecting intellectual property rights. We have drafted and advised on numerous licensing and property-sharing arrangements. We also have handled the purchase and sale of businesses (or divisions or branch offices) where a key component of the sale involved the transfer of intangible property rights and the use of non-compete and confidentiality clauses and similar arrangements to protect the value of the interest conveyed. Such transactional assistance has been provided to businesses in a broad variety of industries, including food and health care services, air transportation, data processing and others.

Clients have frequently called on Galland Kharasch's strong litigation practice to defend or prosecute actions involving intellectual property rights in federal courts throughout the United States, in state courts and before administrative agencies. We have prosecuted and defended major cases involving some of our clients' most valued assets. Again, because of the potential conflict between antitrust principles and intellectual property law, our extensive experience in antitrust matters has proved invaluable. Disputes that involve the complex and distinctive area of intellectual property often include antitrust or similar claims that can only be evaluated fairly by attorneys experienced in each field and their interface. Galland Kharasch lawyers have that experience, which our intellectual property clients have come to expect.

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