Keosian Law Practice Areas

Intellectual Property Law

Protecting your valuable intellectual assets through comprehensive IP services

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Overview

At Keosian Law LLP, our intellectual property attorneys provide comprehensive legal services to help businesses identify, protect, and leverage their valuable intellectual assets. We understand that in today's knowledge-based economy, intellectual property often represents a significant portion of a company's value and competitive advantage. Our mission is to ensure that your creative works, innovations, and brand identity receive the full protection they deserve.

Our experienced legal team assists clients with all aspects of intellectual property law, including trademark registration and protection, copyright matters, patent strategies, trade secret safeguarding, and IP litigation. We work with businesses of all sizes, from startups building their first brand to established enterprises managing global IP portfolios across various industries including technology, entertainment, consumer products, and professional services.

Whether you need to register a trademark, defend against infringement, develop IP licensing agreements, or create a comprehensive intellectual property strategy, our attorneys have the knowledge and expertise to effectively protect your creative and innovative assets. We combine deep legal knowledge with practical business understanding to deliver IP solutions that support your growth objectives.

Our proactive approach to intellectual property management helps clients avoid costly disputes while maximizing the value of their IP assets. We work collaboratively with our clients to develop customized protection strategies that align with their business goals, budget, and risk tolerance.

Our Intellectual Property Services

  • Trademark registration and prosecution
  • Copyright registration and protection
  • Trade secret identification and safeguarding
  • IP licensing and royalty agreements
  • Cease and desist letters and enforcement
  • IP due diligence for transactions
  • Domain name disputes and UDRP proceedings
  • Non-disclosure and confidentiality agreements
  • IP portfolio management and strategy
  • Infringement litigation in state and federal courts
  • IP assignment and transfer agreements
  • Brand protection and anti-counterfeiting

Trademarks & Brand Protection

Your brand is one of your most valuable business assets. Our trademark practice helps businesses build, protect, and enforce their brand identity through comprehensive trademark services at every stage.

Trademark Clearance & Registration

Before investing in a new brand name, logo, or slogan, it is critical to ensure it is available for use and registration. Our trademark services include:

  • Comprehensive Clearance Searches: Searching federal and state trademark databases, common law sources, domain registrations, and social media to identify potential conflicts
  • Risk Assessment: Evaluating search results and advising on the likelihood of successful registration and potential opposition
  • USPTO Filing: Preparing and filing trademark applications with the United States Patent and Trademark Office, including proper identification of goods and services
  • Prosecution: Responding to office actions, overcoming refusals, and managing the registration process through to issuance
  • State Registrations: Filing state trademark registrations where additional protection is beneficial
  • International Protection: Coordinating trademark filings in foreign jurisdictions through the Madrid Protocol and local counsel

Brand Enforcement

A trademark registration is only as valuable as the effort put into enforcing it. We help clients actively monitor and enforce their trademark rights through:

  • Monitoring services to detect potential infringements
  • Cease and desist letters to stop unauthorized use
  • Opposition and cancellation proceedings before the Trademark Trial and Appeal Board
  • Federal court litigation for trademark infringement, dilution, and counterfeiting
  • Domain name dispute resolution through UDRP and ACPA proceedings
  • Anti-counterfeiting strategies and customs recordation

Copyrights & Creative Works

Copyright protection applies to a wide range of original creative works and is essential for businesses that create content, software, designs, or other creative materials. Our copyright services help clients secure and leverage their creative assets.

Copyright Registration & Protection

  • Registration: Filing copyright applications with the U.S. Copyright Office to establish a public record of ownership and enable statutory damages and attorney fees in infringement actions
  • Work-for-Hire Agreements: Drafting contracts that clearly establish employer ownership of works created by employees and contractors
  • Assignment & Licensing: Preparing copyright assignment and licensing agreements that protect the owner's rights while generating revenue
  • DMCA Compliance: Advising on Digital Millennium Copyright Act requirements, including takedown procedures and safe harbor protections for online platforms

Copyright Enforcement

When your copyrighted works are used without authorization, we take swift action to stop the infringement and recover damages:

  • DMCA takedown notices to online platforms and hosting providers
  • Federal court litigation for copyright infringement, seeking injunctive relief, actual damages, statutory damages, and attorney fees
  • Defense against claims of copyright infringement, including fair use and other defenses

Trade Secret Protection & Enforcement

Trade secrets—including formulas, processes, customer lists, business strategies, and proprietary data—can be among your most valuable assets. Unlike patents and trademarks, trade secrets are protected only as long as they remain confidential. Our attorneys help businesses implement robust trade secret protection programs and take aggressive action when misappropriation occurs.

Preventive Measures

  • Identifying and documenting trade secrets within your organization
  • Drafting non-disclosure agreements (NDAs) for employees, contractors, vendors, and business partners
  • Developing trade secret policies and employee training programs
  • Implementing physical and digital security measures to restrict access
  • Creating exit interview protocols and departure procedures
  • Conducting regular audits of trade secret protection measures

Trade Secret Litigation

When trade secrets are stolen or misused, time is of the essence. We pursue aggressive legal remedies under the California Uniform Trade Secrets Act (CUTSA) and the federal Defend Trade Secrets Act (DTSA), including:

  • Emergency temporary restraining orders and preliminary injunctions to stop further disclosure
  • Expedited discovery to identify the scope of misappropriation
  • Recovery of actual damages, unjust enrichment, and exemplary damages for willful misappropriation
  • Attorney fee recovery in cases of willful and malicious misappropriation
  • Criminal referrals in cases involving theft of trade secrets under federal law

IP Litigation & Dispute Resolution

When intellectual property rights are at stake, you need attorneys who understand both the legal framework and the business implications. Our IP litigation team has experience in federal and state courts handling complex disputes involving all forms of intellectual property.

  • Trademark Infringement: Pursuing and defending claims of trademark infringement, dilution, unfair competition, and false advertising under the Lanham Act and California law
  • Copyright Infringement: Litigating claims involving unauthorized reproduction, distribution, display, and derivative works under the Copyright Act
  • Trade Secret Misappropriation: Prosecuting and defending claims under CUTSA and DTSA, including emergency injunctive relief
  • Right of Publicity: Handling claims involving unauthorized commercial use of a person's name, likeness, or identity
  • IP Contract Disputes: Resolving disputes arising from licensing agreements, assignment agreements, and joint development contracts

Our litigation team works closely with our transactional attorneys to ensure that enforcement strategies align with our clients' broader business objectives. We also explore alternative dispute resolution options, including mediation and arbitration, when they offer advantages in terms of speed, cost, or confidentiality.

Frequently Asked Questions

Find answers to common questions about our legal services and processes.

Intellectual property includes patents, trademarks, copyrights, and trade secrets—intangible assets that can be a company's most valuable resources. Proper IP protection prevents competitors from copying your innovations, builds brand equity, and increases your company's overall valuation. In today's knowledge-driven economy, a strong IP portfolio is essential for competitive advantage.

Trademarks protect brand identifiers (names, logos, slogans, sounds, and even colors) that distinguish your goods or services in the marketplace. Copyrights protect original creative works (writings, music, software code, art, photographs, and architectural designs). Both are valuable and often complement each other in a comprehensive IP strategy. We help clients determine which forms of protection are most appropriate for their specific assets.

Implement confidentiality agreements with employees and business partners, limit access to sensitive information on a need-to-know basis, use physical and digital security measures, and mark confidential materials appropriately. Create written trade secret policies, conduct regular audits, and train employees on their obligations. Swift legal action if misappropriation occurs is critical to preserving your rights under the California Uniform Trade Secrets Act.

Yes, federal trademark registration with the USPTO provides nationwide protection, legal presumptions of ownership and validity, the ability to sue in federal court, access to enhanced statutory damages, and the right to use the ® symbol. Registration strengthens your rights significantly compared to common law trademark rights, which are limited to the geographic area of actual use.

Document the infringement thoroughly with screenshots, purchases, and other evidence. Consult with an IP attorney immediately to evaluate your options. Consider sending a cease and desist letter as a first step. If the infringement continues, litigation may be necessary to obtain injunctive relief, damages, and attorney fees. Acting promptly is important as delays can affect your available remedies and may be interpreted as acquiescence.

Have employees sign invention assignment agreements and work-for-hire provisions as part of their employment agreements. Ensure contracts clearly address ownership of all work product, inventions, and creative works. For independent contractors, written agreements are essential since they typically retain IP ownership by default under copyright law. California has specific requirements for invention assignment agreements that must be followed.

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is an administrative proceeding that allows trademark owners to challenge domain names that are identical or confusingly similar to their marks and were registered in bad faith. UDRP proceedings are faster and less expensive than federal court litigation and can result in transfer or cancellation of the disputed domain. We represent clients in both UDRP and federal court domain name disputes.

IP licensing agreements allow the owner of intellectual property to grant permission to another party to use the IP under specified conditions. Key terms include scope of the license (exclusive or non-exclusive), territory, duration, royalty rates, quality control standards, sublicensing rights, and termination provisions. Well-drafted licensing agreements generate revenue from your IP while maintaining control over how it is used.

Client Testimonials

See what our clients have to say about our legal services and results.

"When we discovered a competitor copying our proprietary software, Keosian Law moved quickly to obtain a temporary restraining order and ultimately secured a settlement that included significant damages and a permanent injunction. Their IP expertise was invaluable."

Rachel T.

CTO, Software Company

"Keosian Law built and managed our entire trademark portfolio from scratch. They identified opportunities we hadn't considered and created a comprehensive strategy that has protected our brand as we expanded nationally."

Michael K.

Founder, Consumer Products Brand

"After a former employee took our trade secrets to a competitor, the team at Keosian Law aggressively pursued our claims and recovered significant damages. Their understanding of both the legal and technical issues made all the difference."

Patricia H.

CEO, Biotech Startup

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