Trademark / Copyright / Trade Secrets / Patents
Trademarks -- Servicemarks
Jacobs & Associates is actively engaged in securing trademark and
servicemark protections for its world-wide client base. At all
times we have trademark and servicemark applications pending before
the United States Patent and Trademark Office ("USPTO"). We counsel
our clients on the feasibility of securing those protections and
when appropriate, we prepare and file trademark and servicemark
application for our clients and prosecute those actions when those
applications are challenged by the trademark examiners or others.
Due to our close proximity to the USPTO we are often able to conduct
interviews with the trademark examiners to understand and overcome
their objections to our client's application. Over the past decade
we have achieved a nearly ninety (90%) percent success record
in obtaining trademark and or servicemarks for our clients.
Jacobs & Associates assists its clients understand the copyright
laws. When copyright protections are required we file for copyright
protection to protect our clients valuable rights. These rights
have come under particular scrutiny in this Internet age, where
duplication of a protected work is so easy. Our attorneys have
lectured on this topic and write frequently to educate the general
public on copyright issues.
While Jacobs & Associates is not patent counsel, we routinely engage
the nation's leading patent attorneys on our client's behalf.
We have assisted our clients evaluate their options with respect
to traditional patents and the new business method patents made
possible by the invention of the Internet. Our patent coordination
may involve a thee-step patent process: patent search and patentability
opinion; preparation and filing of a provisional patent which
may provide a certain level of protection; and finally a non-provisional
patent filing. We can also coordinate the international patent
Our firm's expertise and accomplishments in these fields include:
- Obtaining trademark, servicemark, and copyright protections
for numerous clients, and successfully causing infringers
to cease and desist.
- Reconciling the rights among trademark holders and holders
of domain names include the so-called cybersquatters.
- Providing a highly successful strategy for a domain name
entrepreneur to maximize the value of his domain name portfolio.
- Drafting a royalty agreement for a company engaged in online
Internet training to establish the standards by which online
content providers can assure ownership, distribution rights,
copyrights, and traditional intellectual property rights (trademark/copyright)
to online Internet content.
- Negotiating strategic marketing agreements with major online
content providers for the provision of online impressions
and cooperative cross-marketing of goods and services over
the Internet and the parties' Web sites. This agreement addressed
Internet-specific issues such as the creation, maintenance
and ownership of Web site content, hyperlinks, Web site aesthetics
and functionality; online advertising issues such as quantity,
quality and placement of online impressions; brand names;
consumer privacy; government regulation, and standard financial
and legal terms and conditions.
- Working with Web site developers, Internet service providers,
and communications companies to obtain and protect domain
names and Web site content. We are familiar with the Internet's
policies regarding domain name disputes, domain name ownership
and sale, trademark infringement, and Lanham Act violations,
and have crafted appropriate Web site disclaimers and "click-wrap"
licenses to assist online clients to protect their intellectual
property and avoid costly disputes.