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Intellectual Property

As a business, your intellectual property has always been important, but never more so than in today’s business environment, where protecting and monetizing those assets can be a key to business longevity.  If you are an individual creator, protecting the creative reflections of your passions is just as important.  Berliner Cohen’s IP attorneys will help you develop a tailored Intellectual property protection and enforcement programs that secure your rights in your intellectual property and deter infringement of your rights by others. 

Intellectual Property

Securing Protection for your Intellectual Property

Protecting your IP may best be accomplished by employing various strategies.  Filing your trademarks and copyrights is certainly an important first step to protect your brand and other intellectual property, such as software, designs, and other creative content.    Additionally, we will work with you to establish internal procedures for the protection of trade secrets, the drafting of nondisclosure and proprietary information agreements.  

Development of your Intellectual Property

It is common that the development of your intellectual property will require the expertise of a number of participants.  Whether in the area of software, hardware, design or prototyping, having development agreements which protect that work (and importantly, clarify your ownership rights to the development) are essential in this process.  Properly drafted joint venture agreements, to manage relationships when technology is co-developed, will ensure that your rights to that technology will remain available to you going forward.  Licensing of hardware and software rights to enable you to own your custom development.

Distribution of your Intellectual Property

Once your intellectual property is ready for market, there are a number of ways to monetize those assets.  If you intend to outsource manufacturing, manufacturing agreements may be needed to protect your intellectual property.  If, instead, you intend to grant others the right to do so, then hardware and software licensing agreements, distribution agreements and other relationship agreements may be required to protect that IP.  Either way, we have the experience to help you make the deal that maximizes your opportunity while protecting your valuable IP. 

Are you a Creative Artist?

We have extensive experience working with painters, sculptors, writers, songwriters, agents, art publishers, and other art industry leaders in the development of tailored intellectual property programs.   Copyright protection, trademark protection, inbound and outbound licensing agreements, artist representation agreements, and dealer and distributor agreements are all essential protections for creatives and their representatives.

Representative Matters and Cases:

  • Developed distribution agreements for an internationally award winning LED panel manufacturer with revolutionary technology
  • Currently manage the copyright and trademark portfolio of one of the most published artists of the 20th century
  • Representation of an art publisher in the acquisition of another industry leading publisher.
  • Representation of  internationally renowned artists in matters involving copyright and trademark protection and infringement
  • Counsel for an art publishing company in a successful asset reorganization, allowing it to avoid bankruptcy
  • Extensive representation of gallery owners in purchases and sales of businesses

For more information, please contact Jay Landrum at


IP Articles and Books

The Artist’s Survival Guide:  A Pocket Guide to Art Law