Protecting Client Intellectual Property

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.

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Trademark Difficulties

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.

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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

Successful Representation

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.

Results

A man in a small business

Association Negotiation

Worked with franchisee association in renegotiating terms of franchise agreement for entire system, allowing for greater cooperation with franchisor.

A man pouring beer into a glass

Startup Helper

Assisted new brewery client to form business entity, comply with securities laws, register trademarks, and negotiate lease.

A cannabis plant stands tall, showcasing dense clusters of narrow, serrated leaves and small flowering buds, in a lush green garden.

Selling a Cannabusiness

Litigated and helped resolve an internal shareholder dispute about ownership of a cannabis business.

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Testimonial

Elliot Ginsburg has been representing my edibles business in Minnesota since it became legal to sell low-dose hemp edibles. He’s been wonderful to work with and I would highly recommend him to other cannabis businesses. He is quick to respond and will email cannabis law updates that he finds are pertinent to my business.

-Ranelle Kirchner

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I had the experience of working with Elliot twice over the past ten years in difficult and contentious situations against a formidable entity. Beyond his great knowledge of franchise law, his thoroughness and attention to detail, and his professionalism, what really stood out and impressed me most was Elliot’s legal advocacy that is second to none. I always felt I was in good hands and I can’t give a higher recommendation!

-Eric Kim

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Throughout my time overseeing a PE firm for the past 15 years, I’ve interacted with my fair share of lawyers. While most are decent, it’s rare to encounter those who are truly outstanding. I’m pleased to report that Elliot, Kirsten, and Erin fall into the latter category. My team found ourselves in a particularly complex situation, and Elliot and his team delivered the very best possible outcome for us. They exhibited professionalism, conciseness, and exceptional ease to collaborate with. They swiftly gathered all pertinent information surrounding our issue, assumed control, steering the situation while consistently seeking our input and guidance. If you have any issue with franchise law, you should call these guys. I’m so glad I did.

-Drew James

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I cannot say enough good things about Elliot Ginsburg of Garner, Ginsburg & Johnsen, P.A. I retained Mr. Ginsburg in connection with a franchisee matter. Elliot is professional, thoughtful, intelligent, clever, fair and reasonable. His legal work is thorough and well researched and he takes extra precautions to verify factual information. He has the admirable ability of being calm and professional yet firm, even when met with less than professional behavior from opposing counsel. I spoke to many attorneys before deciding to go with Elliot and I know that I made the right decision. I would not hesitate to recommend Elliot (or the firm in general) to anyone needing the assistance of a franchisee attorney.

-Alyson Domoto

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I was represented by Erin Johnsen dealing with a successful franchise closure and a lease termination. Erin was very responsive and thorough with both issues. Erin and I reviewed courses of action before moving forward. She listened and gave advice related to risk and exposure of the options we were reviewing. I alway felt that Erin had my best interest in mind when giving me advice on how to proceed. I wouldn’t hesitate hiring Erin again if required. I would recommend Erin as a competent and capable attorney.

-Steven Pierce

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I had the pleasure of working with Elliot Ginsburg. He helped me renegotiate and revise a 10-year lease for my coffee shop. I was impressed with how thoroughly and promptly he addressed all of my concerns. He has amazing attention to detail and gave very thoughtful responses to my questions. He even came out to my shop multiple times to get a better understanding of my leasing situation. I would certainly work with him again or recommend him to anyone.

-Caitlin Shrestha

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Erin Conway Johnsen helped guide us through a challenging situation with a newer franchise. She was patient with us, listened to our issues and was able to provide work that leveled the playing field with the franchisor. I would HIGHLY suggest her and her team for any challenging franchise situation.

-Paul Rakovich

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We consulted with Elliot Ginsburg to help us review and interpret the franchise documents and agreements before investing. He was incredibly helpful and knowledgeable in content and process as well as the legal implications of “common language.” His expertise was critical as we negotiated and maneuvered the process. I am so glad we found Elliot and the firm.

-Mark Mendel

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Elliot Ginsburg (Garner & Ginsburg, P.A.) was a beacon of hope to my business/family at a time when our options appeared limited, and the likelihood of a satisfactory resolution seemed to border on the unlikely. He fought diligently and successfully for my rights as a small business-/Franchise-owner and was unwavering in his pursuit of a fair outcome.

Not only was Elliot able to defend my business from unjust accusations, but his calm and empathetic demeanor also offered emotional succor to myself and my situation. My family and I are eternally grateful for his service, and I hereby recommend Elliot Ginsburg (Garner & Ginsburg, P.A.) without reservation.

-Brandon Gruskiewicz

Experience the Difference