Patent, Trademarks and Copyright
Due to the increasing complexities and expenses of operating a business in these
times, the importance of protecting one’s intellectual property rights has become
a critical element of any successful business operation.
BrownWinick, with its compliment of three registered patent attorneys and experienced
intellectual property paralegals, is well staffed to provide a full range of intellectual
property protection as required. Presently, one or more of the BrownWinick attorneys
are named the attorney of record on over 250 issued patents and on 40 to 50 applications
still being prosecuted. Additionally, the Intellectual Property practice group
has filed and prosecuted well over 1,500 trademarks and currently manages over
1,000 trademarks for which they are listed as the attorney of record in the United
States Patent and Trademark Office in addition to some 150 state of Iowa registered
As the above numbers show, the Intellectual Property practice group has knowledge
and experience upon which to draw and provide assistance in even the most complex
business transactions. Taking part in various aspects of a variety of transactions
on a regular basis makes the Intellectual Property practice group a valuable component
of the BrownWinick legal teams involved in transactional work. The group regularly
participates by providing valuation services, due diligence analysis for mergers
and acquisitions, assessment of infringement conflicts, evaluation of risks, validation
of ownership rights and negotiation of licensing and cross-licensing agreements. Many clients also benefit from our counsel regarding the ongoing management
of their intellectual property portfolios and our assistance in international
The BrownWinick Intellectual Property practice group is active in all areas of
obtaining and enforcing patent rights for our clients, both domestic and international.
As part of this activity the group performs prior art validity and infringement
searches and opinions, prepares patent applications and prosecutes such applications
through the Patent and Trademark Office and maintains patents that are issued
by assisting clients in filing patent maintenance payments. The BrownWinick Intellectual
Property practice group is also experienced in the rapidly escalating area of
litigation in intellectual property law. Enforcing patents through litigation
or defending clients involved in patent litigation is a critical aspect of the
services we provide.
The Intellectual Property practice group regularly conducts trademark searches
to determine the availability of proposed marks, prepares and files trademark
applications and prosecutes these applications through various trademark offices
around the world. We assist clients with maintenance of registered trademarks
through the filing of required affidavits and renewal applications. Additionally,
the group helps its clients build and protect goodwill in trademarks by providing
advice on trademark use, negotiating and drafting license agreements and providing
litigation services for initiating or defending trademark lawsuits.
Providing services to clients for preparing and filing applications for copyright
registration and advising clients with respect to protecting a variety of works
including writings, art and music is an area in which the Intellectual Property
practice group regularly practices. Negotiating licenses of copyright protected
material to generate new revenue streams is another way in which we assist our
clients. The group also provides litigation services in connection with copyright
Domain Names and Websites
Registering and obtaining rights to domain names, handling domain name disputes
and addressing cyberpiracy are services provided to many clients by the Intellectual
Property practice group. We also advise clients on the proper construction and
use of websites to avoid trademark infringement or copyright issues when creating
on the website.
The Intellectual Property practice group also prepares franchise agreements and
the appropriate disclosure documents required for conducting franchising activities
throughout the United States. The group obtains franchise registrations in those
states requiring registration for franchisors. Reviewing and negotiating franchisee
agreements for franchisors and franchisees is another area of our expertise.
Many clients choose to protect at least some portion of their intellectual property
as trade secrets. The Intellectual Property practice group assists clients by
conducting trade secret audits, advising them on which strategies to employ to
protect their trade secrets and drafting appropriate nondisclosure and nonuse
agreements for protected disclosure. The group also provides litigation services related to the protection trade
secrets and creates licensing strategies and related documents when necessary.
Intellectual Property Litigation
Represent clients in all aspects of patent, trademark, copyright and trade secrets
cases, at the trial level, in the appellate courts and in mediation and arbitration.
The firm's attorneys have handled matters in State and Federal District Court
and the Federal and Regional Circuit Courts of Appeal.