Stites & Harbison's Intellectual Property (IPT) Group helps clients maximize the value of their copyright assets. We advise clients on managing and protecting copyright assets, including registering and enforcing copyrights by issuing DMCA “take down” notices, communicating directly with infringers, and instituting litigation when necessary. When litigation is unavoidable, we strategically advance our client’s interests at every stage, using our experience to efficiently work toward positive resolution while aligning with business goals.
We also help clients maximize value through drafting and negotiating licensing agreements and other agreements involving copyrights. Such agreements may involve licensing copyrights in technology or creative content in a variety of fields. The transactional work also includes assisting clients in the acquisition or disposition of copyright portfolios.
In transactions involving the acquisition or disposition of copyright portfolios, our intellectual property attorneys work with our firm’s business services attorneys to:
- Coordinate due diligence efforts;
- Evaluate and assess the status of copyright portfolios involved in a transaction;
- Draft and negotiate the appropriate terms related to copyrights in a transaction, whether they are central to or incidental to the larger transaction; and
- Ensure the accuracy of documents that reflect the transfers of copyrights.
We also have experience working on secured transactions in which copyrights and other intellectual property form a significant part of the collateral securing a loan. We draw on our firm's interdisciplinary experience to complete such transactions.
The Enablement Challenge for Genus Claims Under U.S. Patent Law: How Much Disclosure Is Enough After Amgen v. Sanofi?
Patent attorney Nick Stewart takes a look at the enablement challenge for genus claims under U.S. Patent Law in this Stites & Harbison Client Alert.
Trademark Law Developments in the Metaverse
The Metaverse (or “Web 3.0”) provides varying levels of access to three-dimensional environments for various decentralized activities such as gaming, commerce, social media, dissemination of authenticated digital assets such as non-fungible tokens (NFTs) and cryptocurrency, and others. Participants can engage in any number of virtual reality activities and transactions with others at any conceivable virtual location, whether based in reality or in fantasy. Not surprisingly, trademark law has now reached the Metaverse.
Stites & Harbison Named to 2023 Top 10 Patent Firms in North America - South List
LOUISVILLE, Ky. —The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2023 Top 10 Patent Firms and IP Practices in North America – South list. This is the firm’s second year being honored.
IP vs. PR: Lessons From the Dungeons and Dragons Open Game License Controversy
Wizards of the Coast, LLC (“WOTC” or “Wizards”) and its parent company Hasbro, Inc. (“Hasbro”) recently found themselves facing unexpected backlash from their attempt to modify an existing license agreement which they had in place with content creators, the Open Game License (OGL), which allowed those creators to use game mechanics and other elements from the Dungeons and Dragons (D&D) table-top role playing game. IP attorney TJ Mihill takes a look at what's going on.
Scammers are Now Impersonating the USPTO: What You Need to Know
Recently the U.S. Patent and Trademark Office (USPTO) issued a Notice pertaining to a recent development in fraudulent communications pertaining to U.S. Trademark registrations and registration applications. Scammers are and have been accessing publicly available Trademark information and directly contacting applicants/registrants.
An Applicant's Guide To USPTO's Examiner Incentive System
Incentives are powerful tools for driving behavior. On this topic, billionaire businessman Charlie Munger famously advised to "[n]ever, ever, think about something else when you should be thinking about the power of incentives." Because the pathway from patent application to granted patent depends heavily on the actions and judgments of the examiner assigned to the application, a patent applicant is well advised to consider the examiner's perspective and the incentives imposed by the U.S. Patent and Trademark Office through the examiner production system, also referred to as the count system.
Scot Duvall Joins Stites & Harbison’s Louisville Office
LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Scot A. Duvall to the firm’s Louisville, Ky., office. He joins the firm as a Member (Partner) in the Intellectual Property & Technology Service Group.
Mari-Elise Paul Named a 2022 Go To Lawyer for Intellectual Property Law
ALEXANDRIA, Va.—Virginia Lawyers Weekly recently named Stites & Harbison, PLLC attorney Mari-Elise Paul to the 2022 list of Virginia’s Go To Lawyers for Intellectual Property Law. She is one of 19 attorneys honored.
Hyatt Regency Atlanta, Atlanta Marriott Marquis, Hilton Atlanta, Sheraton Atlanta Hotel, and the Westin Peachtree Plaza Hotel, Atlanta, GA
Atlanta office attorney TJ Mihill will be a speaker at this year's Dragon Con being held September 1-5 in Atlanta.
Thirsty Thursday Networking Event: Like It or Not, Contractors Need To Think About Intellectual Property
Time: 4:30 p.m. - 6:00 p.m.
400 West Market Street, 18th Floor, Louisville, KY 40202
Stites & Harbison will host a Thirsty Thursday networking event about contractors needs to keep intellectual property on their minds on Thursday, September 8th.
Strategizing International IP Filings
Time: 4:00 p.m. - 5:15 p.m.
Zoeller Pump Co. Center for Excellence, 3649 Cane Run Rd, Louisville, KY 40211
Join speakers Jeffery Langer (formerly with Stites & Harbison and now General Counsel at Zoeller Company) and Robert Sterne, Co-Founder of Stern, Kessler, Goldstein & Fox, for perspectives on strategizing international IP filings. Panel discussion to be followed by networking event sponsored by Stites & Harbison.
Artificial Intelligence and Inventorship Under U.S. Patent Law
In recent years, the capabilities of, and applications involving, artificial intelligence (“AI”) have dramatically increased, so much so that AI systems are now able to produce works of creativity and ingenuity once thought only to be possible through human efforts. The U.S. Copyright Office has already wrestled with the question of whether creative works authored by AI are eligible for federal copyright protection and determined that they are not in an opinion letter dated February 14, 2022.
Trevor Graves Selected for Leadership Kentucky's Class of 2022
LEXINGTON, Ky.—Leadership Kentucky has selected Stites & Harbison, PLLC attorney Trevor Graves as a member of the 2022 Leadership Kentucky program. This year’s 51-member class will participate in seven three-day sessions from June through December at locations throughout Kentucky.
Managing IP Honors Stites & Harbison Attorneys on “IP Stars” 2022 List
LOUISVILLE, Ky.—Managing Intellectual Property (Managing IP) magazine has named nine Stites & Harbison, PLLC attorneys to the 2022 “IP Stars” list. Managing IP recognizes the most highly regarded intellectual property attorneys in the U.S.
Virginia Super Lawyers 2022 Honors John Teresinski
ALEXANDRIA, Va.—The 2022 edition of Virginia Super Lawyers recently honored Stites & Harbison, PLLC attorney John Teresinski. He was named to the Rising Stars list.
Intellectual Property in the Metaverse
The Metaverse, often characterized as the next level in the evolution of the Internet, is intended to be a virtual-reality, three-dimensional environment where users are able to interact meaningfully with not only other users but with the virtual environment itself. Mark Zuckerberg, the founder of Facebook (re-branded as Meta) has characterized the Metaverse as “an embodied internet where you’re in the experience, not just looking at it.”