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Trademark & Copyright

Trademark

  • Represented NxStage Medical in successfully challenging the domain name filing in Chile of nxstage.cl.
  • Protect entertainment client by helping to eliminate the sale of counterfeit tickets being sold online. Counterfeit tickets were being sold through Alibaba for both US and Canadian entertainment centers. We worked with both the US and Canadian governments, and through the courts, to have the counterfeit sites shut down.
  • Advise client on a number of issues related to disparaging websites created for the purpose of denigrating entertainment. Competitors and disgruntled fans have created and promoted fictional incidents, altered video of minor situations to make them appear far worse, and posted highly critical and inaccurate content on websites. We protect the client’s image and brand by sending cease & desist letters, and, if necessary, filing suit against individuals or companies. Ultimately, these situations are resolved in a manner favorable to our clients.
  • Help clients record their federally registered trademarks with the US Customs Service. Overseas production and subsequent importation of counterfeit souvenir merchandise can present a challenge for entertainment clients. Recording federally registered trademarks with U.S. Customs ensures that during their periodic searches of goods being imported into the country they can identify fraudulent and counterfeit products and prevent their entry into the US. Not only does the sale of counterfeit products cut into the revenues and profits of our clients, but it can also endanger purchasers if products are created using unsafe material such as lead paint or BPA plastics.
  • Represented trademark applicant in response to USPTO rejection due to alleged similarity between marks. The trademark application for the mark for a new entertainment venue and all merchandizing was originally refused registration for clothing due to alleged likely confusion with a clothing manufacturer’s famous line of clothes. We helped craft an agreement with the clothing manufacturer to overcome the issue, enabling our client to obtain federal registration for its mark and to sell its branded clothing.


Copyright

  • Negotiated, on behalf of a high profile human rights advocate, ownership of the copyright in various multimedia and film productions in which she appeared as well as control the use of those materials by third parties.
  • Represented an individual who inherited the copyright portfolio of a famous children's author. We audited the inherited works, some of which were created more than 60 years prior, and assisted in the negotiation of publishing agreements with the publishing house who had handled these properties for decades, ensuring that the arrangement in place and going forward fully protected our client’s interests.
  • Proved through diligent factual and legal research that our client, facing claims of copyright infringement, was actually the owner of the copyrights it was alleged to have infringed.
  • File Digital Millennium Copyright Act (DMCA) takedown notices on behalf of our clients and have defended against takedown demands asserted against others.
  • Assist clients with US and international licensing agreements for the use of their copyrighted materials not only in the US but abroad, and we have successfully and amicably rectified situations in which client partners, customers, and members have improperly utilized copyrighted materials.
Case Study
The Mintz trademark team provides extensive pro bono trademark and copyright support to The Schwartz Center, a nonprofit named for late Mintz attorney Kenneth B. Schwartz that advocates for compassion in healthcare. Mintz has helped the center license its programs to healthcare organizations.
Case Study
Mintz has handled all of NxStage's trademark needs, from its founding as a small start-up to achieving $400 million in annual revenue, including its first NxStage logo in the US, Canada, and Japan, and all of its subsequent brand registrations in South America, Mexico, Latin America, Europe, Oceania, Asia, and the Middle East.
Case Study
Mintz helps the world’s #1 roller coaster operator Cedar Fair interact respectfully with fan website creators while controlling the use of its IP. Mintz helps the amusement park company protect its trademarks, copyrights, and domain names without dampening fans’ enthusiasm.
Case Study
Mintz handles trademark, copyright, and domain name matters, including those involving the USPTO, TTAB, and counterfeit materials for Cedar Fair, which owns amusement parks in the United States and Canada.