Intellectual Property & Technology

Copyrights

Stites & Harbison's Intellectual Property (IPT) Group handles a wide range of copyright matters. We assist regional, national and international clients in registering and protecting their rights under copyright law, and in enforcing those rights through infringement actions and DMCA "take down" notices.

We also help clients maximize the value of their copyrights through licensing agreements and other relationships with third parties. This 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
  • 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. Again, we draw on our firm's interdisciplinary experience to complete such transactions.

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Press Releases

Managing IP Honors Stites & Harbison Attorneys on “IP Stars” 2020 List

LOUISVILLE, Ky.—Managing Intellectual Property magazine has named seven Stites & Harbison, PLLC attorneys to the 2020 “IP Stars” list. The publication recognizes the most highly regarded intellectual property attorneys in the U.S.

by Joel T. Beres, Mandy Wilson Decker, Alexandra MacKay, Richard S. Myers Jr., David W. Nagle Jr., Marvin Petry, and B. Aaron Schulman May 06, 2020
Press Releases

Chambers USA 2020 Honors 19 Stites & Harbison Attorneys

LOUISVILLE, Ky.—Chambers USA selected 19 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2020 guide.

by Stites & Harbison, PLLC May 05, 2020
Client Alerts

Supreme Court Rules Proof of Willfulness Not a Precondition to Profits in Trademark Infringement Actions

On April 23, 2020, the United States Supreme Court resolved a circuit split and held that plaintiffs in Lanham Act trademark infringement cases do not need to show the defendant infringed willfully in order to recover the defendant’s profits.

by John W. Scruton and Mari-Elise Paul April 29, 2020
Events

Spring Cleaning for Your Intellectual Property

Date: 4/30/20
Time: 12:00 p.m. - 1:00 p.m.

WEBINAR

Attorneys John Scruton and Nick Stewart will discuss suggestions on how to make your business's IP portfolio even better in 2020.

John W. Scruton and Gary N. Stewart (Nick) April 27, 2020
Trademarkology

More Relief for Trademark Owners from the PTO Deadlines During the Pandemic

The last Trademarkology post identified ways in which the United States Patent and Trademark Office (the “PTO”) is working to relieve brand owners from some of the burdens imposed by the current Coronavirus pandemic. Since then, the PTO has issued further means of granting relief.

by Alexandra MacKay April 09, 2020
Trademarkology

Intellectual Property Offices Grant Relief to Applicants and Registrants During Coronavirus Pandemic

The United States Copyright Office (“Copyright Office”) and United States Patent and Trademark Office (“USPTO”) have taken steps to follow the CDC recommendations for slow the spread of COVID-19.

by Mari-Elise Paul March 26, 2020
Client Alerts

Shiver Me Timbers! States Can’t be Sued for Copyright Infringement

Ahoy, Mateys! Earlier this week, in Allen v. Cooper, Case No. 18-877, 589 U.S. ___ (Mar. 23, 2020), the United States Supreme Court held that the Copyright Remedy Clarification Act of 1990, a federal statute stripping states of their sovereign immunity from copyright infringement suits, lacked a valid constitutional basis. Thus, states cannot be sued for copyright infringement.

by Alexandra MacKay and Mari-Elise Paul March 25, 2020
Trademarkology

The PTO's Valentine: Rule Changes for Email Addresses and Specimens

On February 15, 2020, the PTO’s new examination guide will go into effect in accordance with new rule changes. In this post, we highlight two of the changes described in the guide that may have more of an impact on brand owners, namely, those pertaining to new email address and specimen requirements.

by Alexandra MacKay February 13, 2020
Trademarkology

Are Attorneys' Fees Expenses?

Earlier this week, in Peter v. Nantkwest, Inc., Case No. 18-801 the Supreme Court of the United States unanimously held that the United States Patent and Trademark Office (the “PTO”) cannot recover the salaries of its legal personnel as expenses under Section 145 of the Patent Act.

by Alexandra MacKay December 13, 2019
Trademarkology

The Trouble with THE

You may have heard by now that a certain Midwestern university that gets a lot of attention in this blog has filed an application to register the word THE as a trademark.

by John W. Scruton September 05, 2019
Events

China IP Road Show: Strategies for IP Protection in China - What Georgia Businesses Need to Know

Date: 7/18/19
Time: 8:30 a.m. - 5:00 p.m.

Georgia Institute of Technology, Scheller College of Business Room 100, 800 West Peachtree Street, N.W., Atlanta, GA 30308

Strategies for IP Protection in China - What Georgia Businesses Need to Know

Stites & Harbison, PLLC July 03, 2019