Intellectual Property Protection & Licensing
WSMB helps companies devise strategies to protect and maximize the value of their IP through registration, internal practices and policies, licensing, sales and acquisitions, and – when necessary- litigation to protect those rights. We have expertise in a variety of entertainment and tech-related businesses, including software, games and apps, music, film and publishing.
WSMB handles copyright registrations and licensing in a variety of fields, including music. We provide counseling relating to infringement and fair use as well as assistance regarding termination rights under the Copyright Act. We also provide counsel with respect to the Digital Millennium Copyright Act (DMCA), including notice and takedown procedures relating to user-generated content that incorporates copyrighted materials.
Trademarks and Domain Names
WSMB has extensive U.S. and international trademark experience. We provide trademark counseling and planning, search analysis and screening as well as prosecution and maintenance of marks. We also assist in the acquisition and maintenance of domain names. This includes cease-and desist advice and other dispute and litigation-related services.
Trade Secrets and Confidential Information
Trade secrets are the essence of a company’s competitive advantage. The firm routinely drafts agreements and policies, including non-disclosure and non-solicitation agreements with employees and contractors as well as assignments of IP developed by employees to protect confidential and proprietary information.
Technology, Software & New Media
WSMB’s attorneys have drafted and negotiated agreements for the development, licensing and distribution of platforms, application services and databases, and have drafted and reviewed various forms of shrink-wrap and click-through licenses. Our licensing work has included source code licensing and the negotiation of source code escrow agreements, as well as open source licensing under various open source regimes.
WSMB also advises clients with respect to various intellectual property issues that arise in new media and has negotiated and drafted numerous, agreements, licenses and partnerships in areas including digital music services, online video, social networking, games/apps and branded entertainment.