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Practice
Areas
Davis & Leonard LLP represents a broad variety of individuals, businesses, nonprofit organizations, and public and quasi-public institutions located throughout the United States and the world. Our practice primarily emphasizes the fields of intellectual property law, electronic commerce law, business and commercial law and litigation, and art law. For a more detailed description of the areas in which we practice and the specific services we offer in these areas please see the following:
Trademarks
Copyrights
Intellectual Property Counseling
Intellectual Property Licensing
Intellectual Property Litigation
Electronic Commerce Law
Business Law
Business and Commercial Litigation
Art Law
Trademarks: Trademarks are valuable and distinctive names, brands, logos, and slogans that identify the source or origin of products and services. We represent clients in the process of selecting trademarks, searching for potentially conflicting trademarks, registering and maintaining registration of trademarks in California, the United States, and around the world. We represent clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board. We also assist our clients in protecting their marks from infringement, and defend them against claims of infringement by others.
Copyrights: Copyrights are exclusive rights granted to the authors of valuable creative works such as books, stories, paintings, songs, sound recordings, photographs, architectural drawings, movies and audiovisual works, software, and all kinds of creative works. We help clients with copyright issues in just about every imaginable field: musicians, visual artists, writers, software programmers, architects, agribusiness owners, engineers, and many others.
Intellectual Property Counseling: “Intellectual Property” is a broad term that encompasses a wide variety of legal rights in intangible things, such as trademarks, copyrights, patents, trade secrets, rights of attribution, rights of privacy, and other rights. Many people are unaware of the intellectual property they own, or what to do about it to protect it. Our services in the area of intellectual property counseling include:
- Assisting clients with intellectual property audits to determine what kinds of intellectual property they have and what steps they should take to protect it.
- Drafting agreements to protect client intellectual property, such as employee nondisclosure agreements,
development agreements, license agreements, work made for hire agreements.
- Representing clients in obtaining registration of copyrights and trademarks with applicable state and federal agencies. Please note: We are not licensed patent attorneys and do not represent clients in obtaining patents. We do help our clients identify effective patent counsel for this purpose.
- Identifying infringement or interference with client intellectual property rights through various methods of searching for conflicting marks.
Intellectual Property Licensing: A license is a grant of part of the intellectual property rights in a work by the owner to another person. We represent clients in drafting license agreements of all types: software license agreements, distribution agreements, development agreements, and others. Intellectual Property Litigation: We represent clients in disputes in state and federal courts involving copyrights, trademarks, patents, trade secrets and unfair competition. Electronic Commerce: We assist clients in identifying and dealing with all kinds of legal issues that arise in doing business online. Our services include:
- Drafting web site terms of use
- Drafting privacy policies
- Identifying and dealing with website copyright and trademark issues
- Identifying and dealing with Internet domain name issues
- Identifying and dealing with jurisdictional issues that arise for businesses that sell products and services in other states
- Representing clients in litigation and disputes arising from website use and electronic commerce
Business Law: We help clients with business formation and management issues, including:
- Filing requirements for creation of new business entitites
- Identifying and assisting with management and financing issues in business formation
- Drafting business agreements, such as operating agreements, buy-sell agreements, shareholder agreements, employee agreements, and others
- Counseling on management issues
- Advising on legal issues and drafting agreements relating to business financings
Business and Commercial Litigation: We represent clients in state and federal courts in all kinds of business and commercial disputes, including, among many others:
- Breach of contract
- Unfair competition/false advertising
- Trademark, copyright, and patent infringement
- Trade secret misappropriation
- Business fraud and defamation
- Disputes over art and artist rights
- Defense against government regulatory actions
Art Law: Unique legal issues arise in the development of works of art, music, and literature. We have represented both authors and artists and those who enter contracts with authors and artists in a wide variety of matters. Our services in this area include:
- Drafting art development, commission, and work made for hire agreements
- Drafting license agreements
- Negotiating artists’ rights in artworks, including moral rights, copyrights, rights of attribution, and resale royalty rights
- Registration of copyrights in works of art
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