K & G Law will work in partnership with you to conceive and implement organizational strategies that ensure realization of goals for you and your organization. We’ll equip you with the tools to promote your brand and product, protect your enterprise, and compete effectively.
Our experience allows us to bring real-world perspective to assessment of the costs and benefits of different courses of action in a balanced and measured approach that informs and guides the strategic growth of your business.
We work with clients to educate them about legal considerations that should inform marketing decisions. We conduct trademark clearance searches, provide opinions on availability and enforcement, prepare and prosecute trademark and trade dress applications from selection through registration, and oversee all tasks required for their maintenance.
We represent clients in actions to enforce or defend against infringement of trademarks, trade dress, and copyrights, counterfeiting, misappropriation and unfair competition before the tribunals of the United States Patent and Trademark Office and the Federal Courts of the United States. We have initiated and defended proceedings alleging false or misleading advertising before the National Advertising Division (NAD) of the Better Business Bureau and its Children’s Advertising Review Unit (CARU). We are experienced advocates for clients in Internet Corporation for Assigned Names and Numbers (ICANN) domain name disputes brought in the World Intellectual Property Organization.
Through a history of working together, we have developed longstanding relationships with counsel worldwide who share our commitment to excellence and delivery of services tailored precisely to client needs with whom we work to craft and implement worldwide global enforcement programs. We partner with this network of trusted foreign associates to protect clients’ interests globally, from clearance and registration to enforcement through administrative agencies and courts of law.
Among our broad array of clients are composers, authors, photographers, toy manufacturers, website developers, advertising agencies, jewelry designers, psychologists, fabric designers, clothing designers and software developers, whom we have assisted with protection of their rights. We represent clients across a broad array of industries to ensure their rights are upheld and provide guidance about their infringement and enforcement worldwide. We investigate the origins and status of preexisting works (whether of the visual arts, text, music, performing arts or choreography), and assist clients in the procurement of copyright registrations.
Mechanical licenses, statutory licenses, blanket and synchronization licenses—we know the intricacies of music rights acquisition and have substantial expertise investigating, negotiating and enforcing licenses for the use of music in commercial product and media applications. We assist with defense of infringement claims and conclusion of settlement agreements.
Intangible assets, including intellectual property, are often the most valuable assets of a company. Protecting IP in the course of commercial transactions is essential to safeguarding our clients’ businesses particularly in an environment in which novel technologies are rapidly developing. We negotiate and prepare a broad array of transactional documents, including licenses, transfers, coexistence agreements, distribution agreements, assignments, trade secret agreements and security instruments concerning intellectual property and creative content rights, and provide due diligence for mergers and acquisitions. Our experience counseling businesses in their intellectual property acquisitions and licenses provides clients with valuable resources for management worldwide.
Our team protects brands, advertising and other creative content through means including the Digital Millennium Copyright Act (DMCA), the Anti-cybersquatting Act (ACPA), and the Uniform Domain-Name Dispute-Resolution Policy (UDRP). We assist with policing of brands on the internet, as well as advise on domain name issues and legal issues related to rights of publicity, permissible use and the use of links, user-generated content on the web and social media. We draft and review website content to protect clients’ rights and avoid infringement.
We are proficient at reviewing advertising content, product packaging, website and marketing materials for compliance with applicable laws, regulations and industry-specific standards and to ensure proper use of trademarks, logos, and trade dress. We represent clients in actions involving false and deceptive advertising claims before the Children’s Advertising Review Unit CARU) and the National Advertising Division (NAD) of the Better Business Bureau and its National Advertising Review Board as well as in the Federal Courts.