Intellectual Property

Lewis D. Schwartz practices in the intellectual property law areas of trademark, copyright and trade secrets law as well as franchising.  He assists clients with all of their needs in this area, including protecting and licensing their intellectual property, including protection of domain names.

 Trademark Practice

 Whether it is searching and developing a trademark or service mark for your business, or advising you on potential infringements, Lewis can help you.  He is experienced in clearing and registering marks with the United States Patent and Trademark Office, having filed and prosecuted hundreds of applications, as well as handling any opposition or cancellation proceedings.  If your business has proprietary brands or would like to have them, Lewis can assist you with the following:

  • Reviewing currently used trademarks to determine if they are protected and can be registered
  • Performing federal, state and common law trademark searches to determine availability
  • Filing applications to obtain a federal registration of trademarks and service marks used in the business
  • Protecting marks against infringement and infringement claims
  • Preparing and filing documents necessary to maintain federal registration of your marks
  • Filing and defending opposition or cancellation claims with the Trademark Trial and Appeal Board
  • Licensing your marks to others to use while protecting your right to continued use as well as payment for the license

Copyright

 If your business involves creation of original materials that are fixed in a medium, such as artwork, software, music or writings, those materials may be protected by copyright law.  Lewis can assist you in determining whether those materials are copyrightable and, if so, in protecting those materials under copyright laws.  Among the copyright services Lewis can provide are:

  • Reviewing currently used materials to determine copyright rights
  • Registering your copyright materials with the Library of Congress
  • Preparing employment and other contracts to protect your copyright rights
  • Representing copyright owners in contract negotiations
  • Preparing and negotiating copyright license agreements
  • Preparing software development and license agreements
  • Preparing video and audio related agreements
  • Advising on using copyrighted materials
  • Advising on right to publicity and right to privacy issues

Trade Secrets

There are some things that are either not protectable by trademark, copyright or patent, or are strategically better kept as a trade secret.  Lewis advises clients on the advisability of treating something as a trade secret and how to protect it under the law.  This includes what steps must be taken to create and protect trade secrets and drafting and negotiating agreements to protect them with employees, vendors and customers.

Domain Names

In today’s world, protection of domain names and use of domain names as trademarks require expertise in protecting those domain names from cyber squatters, individuals and companies who will attempt to benefit from using your trademark or something similar in a domain name.  Lewis has experience in bringing actions to recover domain names from cyber squatters through arbitrations under the ICANN Uniform Domain Name Dispute Resolution Policy and can advise you on issues relating to your domain name.