Association Negotiation
Worked with franchisee association in renegotiating terms of franchise agreement for entire system, allowing for greater cooperation with franchisor.
We work with clients to protect various forms of intellectual property. Our work in this area began with our representation of alcohol beverage companies, but has since expanded to other industries, including, hotels, cannabis businesses, consulting businesses, retail facilities, restaurants, and magazines. Protecting IP is one of the more important (yet often overlooked) areas of owning and operating a business and we work hard for our clients to ensure that they can keep the value of the goodwill they build up under their trademarks.
When it comes to protecting trademarks, the process is not always easy. In fact, in many cases, we have had to overcome U.S. Patent and Trademark Office (PTO) refusals to register for a variety of reasons. This can be both a frustrating and fun endeavor because although the standards of the PTO are objective in a sense, ultimately, when you communicate with the PTO, you are working with individuals that come with their own subjective opinions and ideas. Moreover, when other businesses infringe on a client’s trademark, we focus on strategy with our client. It is not always the best idea to send the standard ‘cease and desist’ demand letter when a trademark issue arises – often, there are other ways to approach the situation that will reduce costs and still allow for protection of our clients’ IP. Responding to trademark infringement and PTO refusals is not a one-size-fits-all prospect and we work with clients to achieve their objectives efficiently without racking up bills.
Protecting what’s yours shouldn’t come down to how big your organization’s global footprint is. If you aren’t sure whether you should trademark things, an experienced trademark lawyer from Garner, Ginsburg & Johnsen is happy to speak with you. We may also be able to help if you do not have trademarks on file but are concerned about usage of marks you have used on a historical basis.
SUCCESS
One of the firsts clients we represented in applying for a trademark had been operating for some time before they applied. When they were refused registration by the Patent and Trademark Office, they risked having to engage in a costly and extensive rebrand, but we ultimately successfully argued that our client’s trademark should be registered. We have even engaged in historical research regarding the use of words over centuries to overcome PTO refusals. This is the kind of dedication we bring to our clients’ trademark and intellectual property needs.
Worked with franchisee association in renegotiating terms of franchise agreement for entire system, allowing for greater cooperation with franchisor.
Assisted new brewery client to form business entity, comply with securities laws, register trademarks, and negotiate lease.
Litigated and helped resolve an internal shareholder dispute about ownership of a cannabis business.