A competitive edge is tied to marketing strategies and technology development. Organizations both public and private, from Fortune 500 to entrepreneurial start-ups, turn to Bodman for strategic counsel on the commercialization and protection of their ideas and other creative work product.
Our clients are innovative companies and individuals in the fields of computer science, social and business networking, biomedical engineering, advertising, entertainment, energy, education and research, museum studies, manufacturing, financial services, health care, construction, and professional sports. As part of the client team, our attorneys share that spirit of imagination and inventiveness. We deliver legal services that help clients achieve their goals.
We frequently counsel clients on copyright, trademark, and right of publicity matters arising from the development, marketing, and commercialization of products, services, and creative works. Our experience spans copyright protection and licensing, brand selection and clearance, trademark enforcement, advertising and marketing review, influencer and endorsement programs, and the use of names, images, and likenesses in traditional and digital media.
Services
Bodman’s IP attorneys assist clients in national and international protection, licensing, and litigation of trademark, copyright, trade secret, right of publicity, and patent matters.
Branding and Advertising
- Global trademark clearance and prosecution
- Brand management and portfolio management
- Counseling on trademark enforcement programs
- Oppositions and cancellations in the U.S. Trademark Trial and Appeal Board
- Uniform Dispute Resolution Policy (UDRP) actions
- Federal litigation
- Labeling
- Advertising
- Trademark fair use
Entertainment and Media Law
- Protection and licensing of the right of publicity; corporate naming rights
- Film and music production
- Disputes in the creative process, including infringement, libel and slander, defamation, plagiarism, fair use, and the protections of the First Amendment
- Purchase or sale of television and radio stations, newspapers, and Web-based media companies
Web-Based Business and Networking
- Online publishing and development of new media
- Risk management of user-generated content; response to Digital Millennium Copyright Act take-down notices
- Terms of use for Web-based commerce and social networking
- Acquisition, maintenance and support of information systems
Business Process Insourcing and Outsourcing
- Complex business process outsourcing arrangements, including negotiations, drafting, implementation, & termination
- Insourcing of previously outsourced programs, including knowhow transfer and management of supply chain data & relationships
Data Rights
- Protection of data as trade secrets and licensing of proprietary data
- Data protection and records retention policies and agreements
- Compliance with U.S. and international data privacy laws
- Collection, storage, use, and distribution of employee and customer data
- Data protection for financial institutions, hospitals, and other clients with data subject to special legislation
- Complex debit and credit card processing arrangements, including development of programs used for distribution of governmental benefits
Technology Transfer
- Patent, knowhow, and transfer of technology from leading research institutions, including Duke University, The University of Michigan, Michigan State University, and Wayne State University
- Sponsored research agreements, co-development, and collaboration agreements with research institutions
Representative Matters
- We represented a leading automotive company in navigating intellectual property ownership, trademark and copyright clearance, and right of publicity considerations in connection with the development and production of a branded short film.
- We negotiated and closed high-value trademark licensing agreements spanning industries including footwear and fashion, balancing brand protection, commercial objectives, and risk management considerations.
- We represented a marketing and advertising agency in the development, review, and legal clearance of a national advertising campaign for a Fortune 100 company, ensuring compliance with advertising, intellectual property, and publicity laws.
- Bodman serves as national IP and contracts counsel to a major commercial bank. We handle all trademark and copyright issues and World Intellectual Property Organization (WIPO) actions for the bank, and negotiate more than 500 IP-related contracts annually.
- We serve as trademark and IP contract counsel to a major league sports franchise, negotiating all sponsorship agreements, video usage agreements, and the licensing of team intellectual property in connection with the merchandising of third-party products.
- We represented a publicly-traded software services provider in a trademark infringement suit against a similarly-named manufacturer of mailroom processing products. When the defendant announced an expansion of its business, we filed suit and sought a preliminary injunction. Within days, the defendant agreed to change its name and entered into a permanent injunction.
- Dozens of companies entrust Bodman with the management of their international trademark portfolios. For example, we represent a medical device manufacturer in trademark protection matters around the world, including overseeing cost-effective trademark clearance and protection strategies for the company’s portfolio of marks.
- Our attorneys represented a leading provider of information technology management services in negotiations with one of the largest telecommunications companies regarding an applications service provider arrangement. The negotiations uncovered a flaw in the vendor’s management of highly sensitive information.