Trademark Services

• Counseling:  Through our experience and knowledge, we guide clients through the registration process.  Prior to applying for registration, we meet with our clients to discuss all aspects of their mark(s).  We conduct preliminary searches of the mark(s) in order to analyze strength and potential registerability. During our clearance procedure, we conduct full trademark searches and carefully analyze all data to counsel our clients and create the most resilient registration strategy.  We strive to minimize the risks at the forefront of registration, opposition and litigation. We operate in a cost effective way, yet provide optimum trademark protection. 
• Registration:  From application strategies to obtaining the registered trademarks, we work closely with our clients and keep them informed throughout the registration process.  Gibney registers marks in the U.S. through the United States Patent and Trademark Office and refers its clients to its foreign affiliates for international registrations.  Our firm works with foreign attorneys in an expansive global network.  We prepare, file and prosecute U.S. trademark applications including intent to use and use based applications.  Gibney has registered and manages extensive trademark portfolios and we meet all of our clients’ global registration requirements.
• Post Registration Matters: Gibney ensures that all of our clients’ needs are met once they obtain a registration and that the trademark remains strong. We prepare renewals and monitor new trademark registrations for potential opposition. We discuss all post-registration matters with our clients as they arise to ensure that their rights are well protected. 
• Opposition and Cancellation Proceedings:  We have extensive experience with trademark administrative proceedings before the United States Patent and Trademark Office.  We create customized monitoring programs pursuant to our clients’ needs to seek out registered and applied for U.S. trademarks which are a potential conflict or threat.  We analyze all potential conflicts and thoroughly explain the available options. Our clients’ success and the continued strength of their rights are exceedingly important to Gibney. 
• Domain Name & Auction Website Proceedings:  Our Internet Research Team searches domain names and various auction platforms containing our clients’ registered trademarks, both in the United States and abroad.  Cease and desist letters are sent to all infringing registrants, sellers and auction sites requesting the immediate transfer of the domain to the mark owners or the immediate termination of offending auctions.  Restitution is a regular part of this program. 
• Federal and State Litigation:  We are experienced in all areas of intellectual property litigation and have brought various claims on our clients’ behalf including: infringement, counterfeiting, dilution, false designation of origin, false advertising and unfair competition.
• Licensing and Merchandising: We have a long history negotiating and drafting trademark and copyright licenses and distribution agreements for some of the most well recognized brands in the world.

Copyright Services

We offer complete services for copyright registration and protection, just as we do for trademarks.  Our clients range from fashion designers to architects and toy companies, all requiring customized intellectual property programs to fit their individual needs.  

• Counseling our clients in securing their copyrights, including registration with the U.S. Copyright Office.
• Licensing of copyrighted or copyrightable works as well as counseling our clients in matters such as fair use, advertising and rights of publicity.
• Litigation in all copyright matters.  Gibney’s attorneys are thoroughly experienced in all areas of copyright litigation and have brought various claims on behalf of its clients in both federal and state courts, including but not limited to: infringement, fair use, public domain, originality, work for hire, and joint authorship.
• Policing and enforcement of our clients’ copyrights. 

Gibney’s attorneys are well-versed in the rapidly evolving copyright laws.  The continuous influx of digital content into the marketplace and ease of file sharing capabilities have presented tremendous legal challenges for our clients.  Our clients look to us not only for traditional solutions, but also to develop creative programs to deal with emerging copyright issues. We brief our clients on all aspects of emerging law and how such laws affect their rights, then collaboratively execute rights management plans to suit our clients’ needs. 

Gibney will pursue all individuals or entities that infringe our clients’ rights and will defend our clients should they be accused of infringement.