Copyright Litigation

Copyright protection, enforcement, and defense is becoming increasingly complex and dynamic in a rapidly evolving legal and technological landscape. Our copyright litigation attorneys are equipped to represent clients across multiple industries in a wide range of complex copyright matters. We negotiate and litigate copyright disputes on behalf of copyright holders and defend those accused of violating copyrights.  

Cutting-edge cases can involve software copyrights, database protection, secondary liability, compliance with the Digital Millennium Copyright Act (“DMCA”) (112 Stat. 2860), and fair use, among a myriad of other issues. We understand the value of creative expressions and provide our clients with innovative solutions, whether litigating in court or using alternative dispute resolution (“ADR”), such as direct negotiations, mediations, arbitrations, or other means. In addition to litigation or ADR on behalf of plaintiffs or defendants, we can provide comprehensive legal services, including the following, without limitation: 

  • Negotiating, drafting, and reviewing copyright licenses and agreements; 
  • Counseling clients on creative-content rights, rights registration, and termination rights; and 
  • Advising clients on the applicability of the DMCA 

Copyright infringement can result in attorneys’ fee shifting (litigants who prevail can recover their attorneys’ fees and costs paid for litigation from adversaries) and treble damages (actual damages incurred multiplied by three). 

Trademark Litigation

Trademarks are valuable intellectual property that enhance brand distinction and prevent consumer confusion. Taking aggressive legal action to protect trademark rights is crucial if infringement occurs. We have extensive experience prosecuting and defending trademark litigation. Such litigation in today’s digital age can come in many forms, including the following, without limitation:  

  • Trademark infringement; 
  • Trademark counterfeiting; 
  • Trademark dilution; 
  • Trademark licensing disputes; 
  • Trade dress infringement; 
  • Parallel trade; 
  • Service marks; 
  • Deceptive trade practices; 
  • False advertising; 
  • Fraud; or 
  • Fair use and unfair competition. 

We represent both plaintiffs and defendants and handle all phases of trademark litigation, including, without limitation, requests for temporary restraining orders, applications for preliminary and permanent injunctive relief, declaratory judgment proceedings, trials, and appeals. The Firm also counsels clients on mitigating the risk of infringement liability and negotiates licensing agreements to maximize the value of trademarks.  

Trademark infringement can result in attorneys’ fee shifting (litigants who prevail can recover their attorneys’ fees and costs paid for litigation from adversaries) and treble damages (actual damages incurred multiplied by three). 

Trade Secret Litigation

We possess experience representing plaintiffs and defendants in trade-secret misappropriation cases. Clients can range from startups to multinational corporations and span issues concerning pioneering technology, customer lists, new business models, and employee trade secret theft, among other types of companies’ protected and valuable secrets. 

Backed by a comprehensive knowledge of state and federal laws, including, without limitation, the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836, et seq.), we devise litigation strategies to protect our clients’ trade secrets and investments. We are equipped to conduct expedited trade secret discovery and bring and defend against applications for temporary restraining orders, preliminary injunction orders, and ex parte seizures.  

The Firm counsels clients on trade secret use and protecting confidential information in connection with mergers, acquisitions, and licensing arrangements. We advise on establishing best practices to protect trade secrets and confidential business information and regularly negotiate and enforce non-compete, non-solicitation, and non-disclosure agreements. 

We are armed to represent former employees fighting against the application of non-compete clauses or employers attempting to enforce reasonable non-compete clauses. Recent announcements by the U.S. Federal Trade Commission to regulate the use and enforcement of non-compete clauses in employment or other types of agreements has made this a ripe area that demands sophisticated counsel. We are such sophisticated counsel and can represent former employees or employers. 

Trade secret misappropriation can result in attorneys’ fee shifting (litigants who prevail can recover their attorneys’ fees and costs paid for litigation from adversaries) and treble damages (actual damages incurred multiplied by three). 

Licensing Disputes

Businesses look to grow their identities, brands, and competitive advantages and extract additional value from their intellectual property by executing licensing agreements. When intellectual property licensing disputes arise, having experienced and sophisticated legal representation is critical. Nematzadeh PLLC possesses such experience and sophistication. Actions speak louder than words; results speak the loudest. The Firm’s growth since its launch has been explosive: within its recent launch, the Firm has already successfully represented a rug manufacturer and distributor in a potential licensing dispute with a trademark holder. Other areas of the Firm’s proficiency include the following, without limitation 

  • Quality requirements in licensing agreements; 
  • Accurate accounting and royalty payments; 
  • Disputes over the scope of royalty obligations; 
  • Misuse of subject marks; and 
  • Breach of confidentiality provisions. 

Contact Us

Whether you have experienced infringement, misappropriation, or other misuse of your intellectual property, and you want to explore ways to protect your rights, or you are facing allegations of liability. Contact Nematzadeh PLLC by calling 646-417-8424 or emailing lawyer@nematlawyers.com for a confidential, free consultation. We can creatively formulate hybrid legal fees, including, without limitation, hourly, fixed, or contingency fees, to best align and partner long-term with our clients.