General IP

Intellectual Property and Technology | General IP

Our General IP practice provides integrated intellectual property counsel across patents, trademarks, copyrights, and trade secrets, developing comprehensive strategies that align IP protection with business objectives.

Overview

Integrated Intellectual Property Strategy

As a market leader in intellectual property, MC Law serves as trusted counsel to the world's most innovative companies. Our General IP practice provides strategic guidance across all forms of intellectual property protection, helping clients build and leverage IP portfolios that create lasting competitive advantage.

Comprehensive IP Counseling

Effective IP strategy requires understanding how different forms of protection work together. We help clients develop integrated approaches that combine patent protection for inventions, trademark protection for brands, copyright protection for creative works, and trade secret protection for confidential information.

IP Portfolio Development

Building valuable IP portfolios requires strategic planning. We work with clients to identify protectable innovations, prioritize filing decisions, manage prosecution, and maintain portfolio health.

IP Due Diligence

IP assets are often central to M&A transactions, investments, and financing. We conduct comprehensive IP due diligence, evaluating ownership, validity, enforceability, and freedom to operate.

Frequently Asked Questions

This depends on your business. Most companies need trademark protection for brands, trade secret protection for confidential information, and potentially patents for inventions or copyrights for creative works.

Consider commercial importance, ability to detect infringement, alternative protections like trade secrets, competitive landscape, and cost. Not every innovation warrants patent protection.

IP due diligence evaluates the intellectual property assets and risks in business transactions. It covers ownership, validity, enforceability, encumbrances, and freedom to operate.

Integrated IP strategy combines patents, trademarks, copyrights, and trade secrets to protect different aspects of your business. A product might involve patented technology, trademarked branding, and copyrighted documentation.

File before disclosing to investors to preserve rights and demonstrate protectable IP. Provisional patent applications can establish early dates cost-effectively.

Prioritize core IP, use provisional applications, focus on key markets, and develop systematic approaches to registration and maintenance. Quality matters more than quantity.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.

Related Matters

StreamCo v. ContentPirate Networks

Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.

Venue: C.D. Cal.Result: Favorable Settlement
PhotoArt LLC v. Social Media Giant

Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.

Venue: S.D.N.Y.Result: $2.4M Judgment
GameDev Studios v. CopyCat Apps

Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.

Venue: N.D. Cal.Result: Preliminary Injunction
MusicPublisher Inc. v. AI Training Corp

Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.

Venue: D. Del.Result: Licensing Agreement
SoftwareCo v. Former CTO

Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.

Venue: E.D. Tex.Result: Summary Judgment
University Press v. Document Sharing Site

Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.

Venue: D. Mass.Result: Default Judgment

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