Intellectual Property

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Overview

One of the many enriching aspects of living and practicing law in New Mexico, in addition to the natural beauty and cultural diversity of our state, is the fact that we are a haven to home-grown and relocated creative geniuses involved in business and the arts, humanities, and sciences.  These individuals occupy the full spectrum of our non-profit and business realms, from sole proprietors to the largest and most sophisticated enterprises where the fruits of their work may be the property of their employers.  In all cases, the intellectual property they generate‒whether trade secrets or graphics, books, artwork, music, or technological inventions‒may be one of the most valuable assets they or their employers have, which makes protection of that property a matter of paramount concern.  For decades, Modrall Sperling's lawyers have served individuals as well as small and large businesses to protect their valuable intellectual property assets, both through state and federal registrations as well as in litigation and other dispute resolution contexts.

Attorneys

Experience

Our lawyers handle a broad range of matters involving trademarks and copyrights, including trademark-availability searches, registrations of trademarks at the state and federal levels, copyright registrations, and trademark registration opposition and cancellation proceedings.  Our practice in the areas of trademarks, copyrights, trade secrets and unfair competition has involved representation of medical product and research companies, municipalities, authors, artists, video producers, musicians, software companies, product manufacturers and designers, insurance companies, financial institutions, and trade groups, among others.

We have experience reviewing and drafting licensing and publishing agreements, with subjects ranging from complex software creations to written works of fiction.  We also have experience reviewing and drafting non-competition, trade secret, confidentiality and proprietary information agreements.

Of course, with our lawyers' experience in litigation, we represent numerous clients in infringement and unfair competition disputes and enforcement of trade secret and non-competition agreements.  We also represent clients with respect to determination of insurance coverage for infringement claims.  We strive to bring a pragmatic approach to all these matters, involving the client directly with resolution of both negotiations and disputes, and working in a thorough and yet cost-effective and timely manner.