Intellectual Property and Unfair Competition

Intellectual Property
The development of the “Information Age” has greatly increased the importance of intellectual property in the United States and around the world. In some instances the intellectual property of an organization may be its most valuable asset. In counseling clients on intellectual property matters the firm strives to teach clients how to protect their intellectual property, but also works to educate clients so they do not inadvertently infringe on the intellectual property rights of others.

The Cohen Law Group advises its clients on a wide variety of intellectual property issues. The firm routinely applies for and obtains copyright and trademark protection for its clients, but also counsels clients concerning lesser-known concepts such as trade secrets, trade names, trade dress, and goodwill. The firm helps clients protect their intellectual property through the use of appropriate employment agreements, non-disclosure agreements, and covenants not to compete. When a client wishes to license one or more of its rights to a third party, TCLG can prepare trademark and copyright licensing agreements, technology licenses, and franchising agreements.

The development of the Internet and the World Wide Web present new issues for the intellectual property attorney. TCLG advises clients on domain name disputes, website content, email and Internet usage policies, privacy issues, and related matters. The firm works to educate its clients on matters such as telephone solicitation laws, “junk fax” laws, and anti spam laws such as the federal CAN SPAM Act.

TCLG strives to help clients avoid intellectual property disputes, but the firm does represent clients in opposition and cancellation actions before the U.S. Trademark Trial and Appeal Board (TTAB). Working with local counsel when necessary, the firm also represents clients in copyright, trademark, and related litigation in state and federal courts.

Unfair Competition
The law of unfair competition is closely related to the law of intellectual property. Put simply, unfair competition is a body of law that attempts to prevent dirty tricks between competitors and that provides remedies when such conduct takes place. The most common example of unfair competition is trademark infringement, but unfair competition also includes passing off goods or services as being from another source, trading on the goodwill of a competitor, false advertising, disparagement, dilution, misappropriation, intentional interference with economic relations, and other deceptive trade practices.

State common law is the primary source of the law of unfair competition, but federal trademark and copyright statutes play a significant role as do regulations promulgated by the Federal Trade Commission. In addition, Colorado has an Unfair Practices Act as well as a Consumer Protection Act that specifically lists numerous deceptive trade practices. Colorado also has some unfair competition statutes that are industry specific such as the Agricultural Marketing Act.

TCLG advises its clients on all aspects of unfair competition. When litigation is unavoidable, the firm represents clients in unfair competition litigation in state and federal courts.