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Intellectual Property and Brand Management

Intellectual Property and Brand Management


IP encompasses all aspects of protectable, intangible assets, resulting from creative innovation, specifically patents, copyrights and trade secrets. Brand management includes strategic legal and business approaches to development and protection of brands, images, personality and trademarks. Both IP and brand management in the 21st century require insight and understanding of the unforeseen challenges such rights face in the new realms of digital media and social networking.

Our Intellectual Property and Brand Management Practice Group helps clients to evaluate how legal IP and brand management strategies can enhance their specific business or commercial needs and goals.  Group members work with clients to identify valuable IP and brand assets that may be taken for granted, to  develop business and legal strategies to maximize the value of their innovation or brand-building and to overcome unjustified and abusive claims of legal exclusivity that prevent fair and open competition.

More specifically, the IP and Brand Management Practice Group offers experienced counsel in the following areas of law with respect to both U.S. and international IP and brand protection:

  • Patents
    • Infringement clearance
    • Applications and prosecution before the U.S. Patent and Trademark Office (USPTO)
    • Board of Patent Appeals and Interferences (BPAI) proceedings 
    • Patent Litigation - Enforcement and Defense
  • Trademarks
    • Clearance, evaluation and counseling
    • Registration applications, prosecution and maintenance in the USPTO
    • Appeals and proceedings before the Trademark Trial and Appeal Board (TTAB)
    • Enforcement and litigation
    • Defense of infringement claims
    • Anticounterfeiting
    • Grey market, transshipping and fair use litigation
  • Copyrights
    • Copyrightability evaluations and portfolio analysis
  • Intellectual Property (IP) and brand management allow creators of ideas and brands to create lawful “barriers to entry” to the marketplace and prevent competitors from benefiting unfairly from their innovation or brand development. Alternatively, skillful negotiation of these areas of law assist disruptive innovators to break through such barriers when the law does not support them.
    • Registration and management advice
    • Enforcement and litigation
    • Internet and social media law
    • Online defamation, reputation management and gripe sites
    • Brand, domain and IP protection on the Internet
    • E-commerce counseling and representation regarding authorized and unauthorized distribution, online retailing, fair use and review / complaint websites
    • Website vetting, terms of use and regulatory compliance
  • Due diligence, valuation and IP / brand management counseling for mergers and acquisitions, licensing or similar purchases of assets
  • Insurance coverage issues related to IP, trademark and advertising injury claims
  • Appeals of USPTO and trial court IP and brand-related determinations to federal appellate courts 

March 30, 2020Federal Relief Bill Extends to Copyright, Trademark and Patent Filings


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March 27, 2020COVID-19 Resources

The past two weeks have ushered in unprecedented changes in our economy and society. In an effort to provide our friends and colleagues with up-to-date information about COVID-19, our attorneys have written a range of publications. These articles and alerts examine COVID-19's impact on a number of areas, including business and healthcare office closures, employment concerns, insurance issues, telehealth, and the rights of public school students during school closures....

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June 28, 2019Joel MacMull Quoted in Yahoo Finance Article on "Why the Backlash Over Kim Kardashian Trademarking 'Kimono' Strengthens Her Legal Case"

Joel MacMull, Vice Chair of the Firm's Intellectual Property & Brand Management Practice was quoted in an article for Yahoo Finance on "Why the backlash over Kim Kardashian trademarking 'Kimono' strengthens her legal case." Read more here....

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June 26, 2019Joel MacMull Comments on Women's Wear Daily Article About Supreme Court Decision in the "FUCT" Case

Joel MacMull, Vice Chair of Mandelbaum Salsburg's IntellectualProperty and BrandManagement Practice Group commented yesterday on a Women's Wear Daily (WWD) article talking about the recent Supreme Court decision in the "FUCT" case that struck down restrictions on "immoral or scandalous" trademarks. Read what Joel and other industry leaders have to say here....

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June 25,2019The Supreme Court Issues Decision in Iancu v. Brunetti

The Supreme Court issued its decision in Iancu v. Brunetti yesterday almost two years to the day after its landmark ruling in Matal v. Tam, the latter which our Intellectual Property team of Ronald Coleman and Joel MacMull served time as lead counsel on....

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May 22, 2018Joel MacMull Participates in Panel at the 140th INTA Annual Meeting in Seattle

Joel MacMull, Vice Chair of the Firm's Intellectual Property & Brand Management Practice Group, participated in a panel discussion at the 140th INTA Annual Meeting, taking place in Seattle on Disparaging Marks and Mascots....

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13 Feb2017 Mandelbaum Salsburg Year in Review

We are pleased to share our 2017 Year in Review which highlights some of the Firm's notable successes during the last year. We are thankful to our clients who have allowed us to continue doing what we love. We continue to expand our practice areas and bench to reflect our clients needs....

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12 OctPeter Levy Interviewed on Bloomberg Radio about Tips for Entrepreneurs

Peter A. Levy, Chair of the Firm's Intellectual Property Department was recently interviewed on Bloomberg Radio about Top Tips for Entrepreneurs! You can download and listen to the clip here:

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22 SepPeter Levy Featured in a Patch.Com Story on Ten Tips to Launching a Successful Business

Check out what Peter A. Levy, Chair of the Firm's Intellectual Property Practice Group has to say about launching a successful business in this weekend's Patch!...

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16 JunMember Peter A. Levy Article Featured in June 16, 2016 Edition of Inc. Magazine

Peter A. Levy, a Member of the Firm and Chair of the Life Sciences and Intellectual Property Practices, specializes in structuring, financing, and operating “start-up companies”. He has written over 200 business plans and launched dozens of start-ups over the past 15 years. Inc. Magazine...

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2 JanTraveling a Long Road with Tumi

Tumi, Inc., the worldwide premiere brand of high-end luxury luggage, leather goods, bags and business accessories, continues to be one of Mandelbaum Salsburg’s most well-known clients. Tumi has engaged the firm as outside counsel for more than 20 years, under the direction of relationship manager...

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