Intellectual Property

IP Counseling | Infringement LitigationTrademark & Copyright Registrations & MaintenanceEnforcing IP Rights In Bankruptcy

From concept to market, Caiola & Rose offers a full range of services to assist business owners in protecting and enforcing their intellectual property rights.

Caiola & Rose advises business owners on what constitutes intellectual property and how to protect it.  The firm registers and maintains intellectual property, monitors for infringement, and protects marks through USPTO actions and infringement litigation.   

IP Counseling

  • Counseling on selecting strong and protectable marks.
  • Negotiation of dispute resolution.
  • Preparation of coexistence agreements.
  • Premarket development analyses and counseling.
  • Preparation of license agreements.
  • Policing of marks.

Infringement Litigation

  • National counsel to franchisors in litigation against former franchisees who infringe on franchisor’s trademarks, service marks, trade dress, and copyrights.
  • National counsel to restaurant concept in dispute against competing concept for advertising menu offerings that create confusion in the marketplace.
  • National counsel to international restaurant franchisor in obtaining injunctive relief against copycat concepts.
  • Representation of trademark owners in USPTO opposition and cancellation actions.
  • Experienced in DMCA enforcement and litigation.

 

Enforcing IP Rights In Bankruptcy

Caiola & Rose specializes in protecting our client’s intellectual property rights as a creditor in bankruptcy.  The firm protects intellectual property rights by:

  • Enjoining former licensee’s continued unauthorized use of the owner’s marks.
  • Initiating adversary proceedings against infringers.
  • Obtaining relief from stay to proceed with pending pre-petition litigation.
  • Litigating and opposing debtor’s assignment of use of marks without required consent and approval.
  • Maximizing recovery by asserting administrative priority claims.
  • Filing claims.