One of the most valuable assets of a business is its intellectual property.  One of the best ways to maintain and enhance the value of those assets is to learn how to best protect that intellectual property.  McGrath North's intellectual property attorneys advise and assist clients in developing, protecting and profiting from their intellectual property assets throughout the world.

Trademarks  McGrath North's trademark attorneys manage a substantial portfolio of trademark applications and registrations throughout the world.  Client trademarks and business names are quickly searched for availability and, through electronic filing with the United States Patent and Trademark Office, federal trademark applications can be filed on a same-day basis.  The firm has established relationships with an expansive network of foreign associates which facilitates the timely clearance and registration of trademarks throughout the world.

The firm's attorneys have considerable experience in both prosecuting and defending trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board.  Through a combination of trademark searches, watching services and investigators, McGrath North assists clients in quickly detecting and investigating potential infringements to facilitate the prompt enforcement of trademark rights and rights in domain names.

In addition to helping clients protect their trademark rights, McGrath North trademark attorneys help clients profit from those trademarks.  The firm's attorneys draft, review and negotiate trademark licensing agreements.  The trademark attorneys also have experience in conducting trademark due diligence in client divestitures, mergers and acquisitions.

Copyrights  In addition to a comprehensive trademark practice, the firm is actively involved in advising clients on all aspects of copyright protection.  The firm's copyright attorneys frequently advise clients on copyright ownership issues and assist clients in securing copyright registrations.  This area of practice also extends to copyright licensing as well as the negotiation and preparation of agreements involving copyright ownership and infringement disputes.

Franchising  McGrath North also provides counsel to clients, both franchisors and franchisees, on all aspects of franchise law.  The firm's franchising attorneys are experienced in both federal and state regulatory and compliance issues, and assist clients in negotiating and drafting franchise agreements and disclosure documents.  This experience enables the firm to advise clients on issues related to establishing franchises or distribution networks as well as the termination of existing franchise relationships.  McGrath North's franchise attorneys also have experience in the negotiation, arbitration, and litigation of franchise disputes, representing both franchisors and franchisees.

Representative Projects

• Perform comprehensive reviews of client’s trademark, service mark and business name portfolios to analyze and evaluate whether appropriate and effective actions have been taken to protect, maintain and manage the client’s registered and common law trademarks.
• Routinely advise clients on addressing and preventing trademark infringement on the Internet, including how to wrestle domain names from cybersquatters and combat keyword advertiser’s use of the client’s mark.
• Advise authors and musicians by seeking copyright registration for their works of art and advising them regarding their publicity rights.
• Advise actors with respect to Guild representation, residuals and contract issues.
• Represent franchisors in franchise development and state and federal regulation compliance matters, including registering franchises in multiple states, and drafting franchise disclosure documents and franchise agreements.
• Represent franchisors in litigation with franchisees.
• Represent franchisees in negotiating franchise agreements, advise regarding issues with franchisors, and litigating disputes with franchisors.