Intellectual Property & Technology

Copyrights

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.

Main Contacts
See more related to Copyrights
Client Alerts

Is That Tattoo Infringing? The Complicated Copyright Questions Surrounding Tattoos

Tattoos have been at the core of several copyright cases over the last few years. One of the earliest well-known examples was a suit by Mike Tyson’s tattoo artist over the use of Tyson’s face tattoo design in the movie The Hangover Part II, which settled out of court in 2011. However, several more recently undecided cases have raised issues tied to tattoos and copyright infringement. TJ Mihill takes a look at this issue in the latest Stites & Harbison Client Alert.

by Thomas J. Mihill (TJ) February 15, 2024
Press Releases

Stites & Harbison Welcomes Donovan D. Gibbs II to the Louisville Office

LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Donovan D. Gibbs II to the firm based in the Louisville, Ky., office. He joins the Intellectual Property & Technology Service Group.

by Stites & Harbison, PLLC January 29, 2024
Events

2024 INTA North America Roundtable; Annual Case Law Review (Nashville, TN)

Date: 1/31/24
Time: 12:00 p.m. - 2:00 p.m.

401 Commerce Street, Suite 800, Nashville, TN 37219

IP attorney Alex MacKay will co-host this roundtable in the firm's Nashville office on January 31, 2024.

Alexandra MacKay January 23, 2024
Client Alerts

USPTO Issues Enablement Guidelines Following Amgen v. Sanofi

On January 10, 2024, the United States Patent and Trademark Office (USPTO) released Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al. The Guidelines are intended to inform U.S. patent examiners and the public about the process to be followed when assessing whether a claim satisfies the enablement requirement under 35 U.S.C. 112(a), after the U.S. Supreme Court’s holding in Amgen v. Sanofi. IP attorney Patrick Torre takes a look at the guidelines in this Stites & Harbison Client Alert.

by Patrick M. Torre January 17, 2024
Client Alerts

Gifts from the USPTO for Prospective Patentees Heading into the New Year

Irrespective of the Naughty and Nice List, the United States Patent and Trademark Office (“USPTO”) has rolled out a series of programs over the course of 2023 that may serve to make the spirits of the inventors in your lives merrier and brighter heading into the new year. IP attorney Nick Stewart takes a look at those programs in this Stites & Harbison Client Alert.

by Gary N. Stewart (Nick) December 27, 2023
Client Alerts

Monetizing Intellectual Property: The Basics and Benefits of Licensing

Owners of intellectual property (“IP”) rights associated with inventions and creative works have discovered that “licensing” is an effective way to monetize their IP. IP attorney Scot Duval takes a look at the ways to do that in this Stites & Harbison Client Alert.

by Scot A. Duvall December 18, 2023
Client Alerts

The Basics of Trademark Law and the Benefits of Federal Registration

A trademark is any word, phrase, symbol, logo, or design – or any combination – used to identify and distinguish the source of the goods or services of one party from those of others. A trademark may be a word or words (APPLE or POLO), logos or designs (the Nike swoosh or Adidas’ three stripes), phrases (IT’S FINGER LICKIN’ GOOD or I’M LOVIN’ IT), shapes of containers or other trade dress (the BLANTON’S bourbon bottle shape), or even a color (HOME DEPOT orange) or sound (NBC chimes). IP attorney Trevor Graves takes a look at the benefits of registration in this Stites & Harbison Client Alert.

by Trevor T. Graves December 14, 2023
Client Alerts

President Issues Landmark Executive Order on Artificial Intelligence and Directives for the U.S. Patent and Trademark Office

On October 30, 2023, President Joe Biden issued a landmark executive order (the Order) directed to promoting use and managing risks of artificial intelligence (AI). The order recognizes the vast potential of AI and directs sweeping actions to protect against the risks of AI. Attorney John Teresinski takes at look at the order in this Stites & Harbison Client Alert.

by John P. Teresinski November 22, 2023
Client Alerts

The Evolution of "Hybrid": Post-COVID Collaborative Working

Stephen Weyer takes a look at what the word "hybrid" means in today's world in this Stites & Harbison Client Alert.

by Stephen J. Weyer November 03, 2023
Client Alerts

What 70% of Americans Don’t Understand About Intellectual Property

Mandy Decker takes a look at the different types of intellectual property in this Stites & Harbison Client Alert.

by Mandy Wilson Decker October 26, 2023
Press Releases

Managing IP Honors James Hayne and Nick Stewart on 2023 "Rising Stars" List

LOUISVILLE, Ky.—Managing Intellectual Property (Managing IP) magazine has named Stites & Harbison, PLLC attorneys James Hayne and Nick Stewart to its 2023 “Rising Stars” list.

by Stites & Harbison, PLLC October 10, 2023
Client Alerts

The Supreme Court Helps Copyright Owners by Limiting Fair Use in Warhol Foundation v. Goldsmith

In May, the Supreme Court issued a narrow decision on the issue of fair use in copyright infringement cases. The case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, strengthened the position of potential plaintiffs – a little.

by John W. Scruton and Mari-Elise Paul October 04, 2023
Press Releases

Managing IP Honors Stites & Harbison Attorneys on "IP Stars" 2023 list

LOUISVILLE, Ky. —Managing Intellectual Property (Managing IP) magazine has named nine Stites & Harbison, PLLC attorneys to the 2023 “IP Stars” list. Managing IP recognizes the most highly regarded intellectual property attorneys in the U.S.

by Stites & Harbison, PLLC July 25, 2023
Client Alerts

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.

by Gary N. Stewart (Nick) May 22, 2023
Client Alerts

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.

by Patrick M. Torre May 03, 2023
Press Releases

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.

by Stites & Harbison, PLLC April 04, 2023
Client Alerts

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.

by Thomas J. Mihill (TJ) March 23, 2023
Client Alerts

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.

by Patrick M. Torre March 06, 2023