INTELLECTUAL PROPERTY

OVERVIEW

The Saber Firm provides comprehensive intellectual property counsel to businesses, athletes, entertainers, and entrepreneurs seeking to protect and commercialize their innovations, brands, and creative works. Our intellectual property practice encompasses strategic counseling, portfolio development, transactional support, and enforcement across all major IP categories including trademarks, copyrights, and trade secrets. We advise clients ranging from early-stage startups building foundational IP assets to established enterprises managing global portfolios and monetizing intellectual property through licensing and strategic transactions.

Our firm handles virtually every type of intellectual property transaction, negotiating and drafting numerous licenses and alliance agreements and managing matters relating to the creation, use, licensing and transfer of intellectual property assets. We also provide intellectual property support in conjunction with mergers and acquisitions, financings, and business formations. Beyond an understanding of intellectual property matters and the technology underlying them, our firm is familiar with the business models used by our clients to maximize the value of these assets and we seek to create or add value to their intellectual property and technology portfolios.

TRADEMARK

We assist clients in obtaining, protecting and enforcing trademarks in the United States and worldwide. Our trademark practice serves businesses launching new brands, established companies expanding product lines, and individuals protecting personal names and likenesses.

Our trademark services include:

Conducting and reviewing searches and investigations for trademark clearance.
Preparing opinion letters.
Filing and prosecuting trademark applications.
Handling the prosecution and defense of trademark administrative proceedings.
Monitoring and policing the use of trademarks by third parties.
Providing general trademark and domain name counseling.

We manage the domestic and international trademark portfolios and related intellectual property matters for a wide range of clients. Our firm also counsel on internet domain name and social media address acquisition, use and defense, including brand protection strategies across digital platforms.

We provide copyright advice to a wide range of clients, particularly in the online, publishing, entertainment and communications industries, such as mobile app developers, internet technology providers, social media companies, software developers, content creators, recording artists and authors. Our copyright practice emphasizes proactive registration to establish public records of ownership and secure statutory damages and attorney's fees in enforcement actions.

We counsel content creators, software developers, publishers, and media companies on copyright formalities, work-made-for-hire arrangements, and the scope of protection available for various categories of creative works. Our practice extends to complex copyright issues including joint authorship, derivative works, termination of transfers, and the intersection of copyright protection with licensing agreements and employment relationships.

TRADE SECRET STRATEGY

We counsel businesses on identifying, documenting, and protecting trade secrets including confidential business information, proprietary processes, customer lists, pricing strategies, and technical know-how. Trade secret protection offers distinct advantages for certain innovations, including indefinite duration and no public disclosure requirements.

Our trade secret services include:

Development of comprehensive trade secret protection programs.
Drafting confidentiality agreements and employee proprietary information agreements.
Vendor and contractor agreements establishing confidentiality obligations.
Advising on physical and digital security measures.
Document classification protocols and information management procedures.
Trade secret enforcement strategies and remedies.

Effective trade secret protection requires robust contractual frameworks and internal controls. We draft agreements that establish confidentiality obligations and restrict use of proprietary information. Our counsel addresses the practical challenges of maintaining secrecy in collaborative business environments, including strategies for limited disclosure to employees on a need-to-know basis and procedures for managing confidential information throughout its lifecycle.

LICENSING

We advise across the spectrum of intellectual property and technology licensing arrangements, ranging from traditional license agreements to complex ventures for joint development of products, applications and systems. Our licensing practice encompasses software licenses, equipment leases, software development and distribution agreements, brand licensing, and technology transfer arrangements.

We counsel clients with respect to fashion ventures, entertainment licensing, software licenses, manufacturing and distribution agreements, and technology collaboration agreements. Our clients include technology vendors and end-users in the publishing, financial services, manufacturing, entertainment and telecommunications industries, and major fashion and apparel companies. We structure licensing arrangements that appropriately value intellectual property assets, protect licensor rights, and provide licensees with necessary rights to commercialize licensed properties.

IP IN BUSINESS TRANSACTIONS

We provide intellectual property counsel in mergers, acquisitions, investments, and strategic partnerships where IP assets represent material value. Our transactional IP practice includes due diligence review of target company IP portfolios, identification of IP issues that impact valuation or deal structure, and drafting of IP-specific provisions in transaction agreements.

IP due diligence requires systematic review of registrations, applications, licenses, and agreements to confirm ownership, identify encumbrances, and assess the scope and validity of claimed IP rights. We evaluate whether companies properly secure IP rights from employees and contractors through assignment agreements, analyze trademark portfolios for gaps or weaknesses, and review licensing arrangements to identify limitations on use or transfer of IP assets. Our due diligence reports provide buyers and investors with clear understanding of IP assets and risks, enabling informed decision-making and appropriate allocation of risk through representations, warranties, and indemnification provisions.

BRAND MONITORING & ENFORCEMENT

We implement brand monitoring and enforcement programs that protect clients against trademark infringement, counterfeiting, and unauthorized use of protected brands. Our enforcement practice combines watch services that identify potential infringement with strategic response protocols that address violations proportionally and cost-effectively.

Our brand protection services include:

Trademark watch services and monitoring programs.
Cease and desist letters and demand communications.
Opposition and cancellation proceedings before the USPTO.
Domain name disputes under UDRP and ACPA.
Social media account takedowns and impersonation removal.
E-commerce platform enforcement for counterfeit products.

Modern brand enforcement extends across physical and digital channels. We address unauthorized sales by third-party retailers and online marketplaces, and combat trademark infringement by competitors adopting confusingly similar marks. We also counsel on brand protection strategies including defensive trademark registrations and monitoring of trademark applications by third parties.

GLOBAL IP PORTFOLIO MANAGEMENT

We coordinate international intellectual property protection for clients operating in multiple jurisdictions or planning global expansion. Our international IP practice addresses the territorial nature of IP rights, which generally require separate protection in each country where clients seek enforcement.

We develop cost-effective filing strategies using international systems including the Madrid Protocol for trademarks, enabling clients to secure protection in multiple countries through streamlined procedures. We serve as central coordination point for clients' international IP programs, managing relationships with foreign counsel, ensuring consistent strategy across jurisdictions, and monitoring deadlines and requirements in multiple countries. For clients with established international presence, we conduct periodic portfolio reviews to identify opportunities for rationalization and cost savings.

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