Patents & Intellectual Property Lawyers
The Higgs Fletcher & Mack San Diego intellectual property lawyers apply over 70 years of legal experience to meet clients 21st century needs by formulating successful strategies and tactics to assess, protect, manage, enforce and defend their patent, trademark, copyright, and other intellectual property law rights.
The San Diego Intellectual Property attorneys of Higgs Fletcher & Mack have diverse technical experience and training and have demonstrated a keen ability to protect clients rights in their latest technological advances, artistic works, and names and logos which identify their brand. We also advise clients in a wide variety of industries on unfair competition, trade secret, and e-commerce issues. Our dedicated and experienced IP attorneys can successfully meet your patent, trademark, and copyright needs.
What We Do
Higgs Fletcher & Mack intellectual property attorneys situate clients to maximize revenue from its intellectual property by offering services in the following categories:
- Protection. We assist our clients in protecting their global patent, trademark, copyright, and intellectual property rights. From developing an intellectual property protection strategy; to conducting patent, trademark and copyright “right to use” or clearance searches; to registering rights in such patents, trademarks, and copyrights with the appropriate governmental authority. We take every possible step to secure rights in the inventions, creative material, and other intangible property you develop and/or own. We are dedicated to providing you with the most effective patent attorney San Diego can offer.
- Enforcement. Proper management and control are essential to maintaining ownership of valuable intellectual property assets and realizing maximum profits. Our intellectual property lawyers pride themselves in their dedication to counseling clients on business transactions and implementing effective strategies for licensing their intellectual property.
Who We Represent
Our intellectual property attorneys have years of experience protecting the intellectual property rights of clients of all sizes, from global corporations to individual artists and inventors. The intellectual property group represents clients in various highly-regulated industries including:
- Clean energy/carbon-neutral sources
- Medical devices
- Financial services
- Food and alcoholic beverage products and services
Furthermore, the breadth of our intellectual property group’s experience extends to representing individuals and businesses in industries as diverse as:
- High technology, including manufacturers of consumer electronics and energy/power storage and delivery systems
- Action sports and fitness products, music and entertainment service providers, online businesses
- Creators and authors of various media and works of art, designers in surf, skate, snowboard and fashion industries
- Gift and home furnishings manufacturers
- Information technology companies.
Let us Partner with you to Protect your Rights and Maximize the Financial Potential of your Intangible Assets.
Intellectual Property Inventory Checklist
- Registered domestic and foreign marks
- Pending applications
- Common law marks
- New products/services
- Vineyard names
- Packaging/advertising materials
- Advertising slogans
- Icons, logos, graphics
- Customer nicknames
- Domain names
- 800/888 numbers
Trade Names/Corporate Names/DBAs/LLC Names
- Registered/qualified names
- Fictitious name filing requirements
- Registered copyrights
- Pending applications
- Copyright interests in artistic creations
Typically found in unique, distinctive or non-functional items, or those bearing an indicator of corporate origin. Can include, without limitation:
- Point of sale display
- Trade show marketing
- Graphic design
- Web site design
Defined as items not generally known or ascertainable by proper means, having economic value and the subject of reasonable precautions for the secrecy thereof. Not typically registrable; dependent on contractual, statutory or common law enforcement. Includes, without limitation:
- Customer lists
- Employee knowledge (know-how)
- Combination of elements in the public domain
- Specially-developed customer information and sales practices
- Negative Information (e.g., negative results of R&D)
- Production Processes
- Survey/Research data and conclusions
- Software (source code, proprietary documentation)
- Issued domestic and foreign patents
- Pending applications
- Unfiled invention disclosures
Intellectual Property Litigation Examples
Higgs Fletcher & Mack’s Intellectual Property Group in San Diego has extensive experience representing clients throughout the county on either side of patent, trademark and copyright disputes. The following is a small sample of Higgs Fletcher & Mack’s representative experience in intellectual property litigation:
- Asset Marketing Systems Insurance Services, LLC v. Gagnon, 542 F.3d 748, 754 (9th Cir. 2008). Represented Defendant in a copyright infringement case brought by computer programmer. Obtained summary judgment against the computer programmer with an award of attorneys fees, thus allowing defendant to continue on with business use of technology under an implied license. In a published opinion, the Ninth Circuit Court of Appeal affirmed the summary judgment.
- Numbers Licensing, LLC, v. bVisual USA, Inc., et al., 643 F. Supp. 2d 1245 (E.D. Wash. 2009). Represented Defendant in a copyright infringement case brought by computer programmer. Successfully defeated plaintiff’s motion for preliminary injunction, thus allowing defendant to continue to pursue valuable business plan.
- Represented Defendant in a copyright infringement case brought by computer programmer. Successfully defeated plaintiff’s motion for preliminary injunction, thus allowing defendant to continue to pursue valuable business plan.
- Represented Co-Defendant in a copyright and trademark infringement case involving the display of the Oscar statuette design.
- Represented Plaintiff in a copyright and trademark infringement case involving insurance products and seminar system.
- Represented Defendant in a trademark and copyright infringement case involving textiles.
- Successfully obtained a preliminary injunction against defendant in a trademark/trade name case originating from a family name.
- Represented Plaintiff in a case involving trademark, trade dress, and copyright infringement of various candle designs and packaging.
- Represented Defendant in defending against infringement claims of trademark rights and rights of publicity in a famous name case. Successfully obtained a summary judgment against a major insurance company in a relating case involving a coverage dispute for attorney’s fees in defending against the underlying claim.
- Provided special counsel for Plaintiff in a trademark and trade dress case involving pet behavioral modification devices.
- Represented Plaintiff in a trademark infringement case involving the manufacture, sale and distribution of branded clothing.
- Represented Defendant in a trademark infringement case involving the use of a restaurant name.
- Represented Defendant in a trademark infringement case involving the sale of audio recording equipment, musical instruments and related products.
- Represented Plaintiff in a trademark infringement case involving the seizure of infringing items of apparel.
- Represented Defendant in a trademark infringement case involving tooth whitening products.
- Represented Co-Defendants in a patent, trademark and copyright infringement case involving the manufacture, sale and distribution of decorative glass. After Markman hearing, obtained summary judgment against the patent plaintiff.
- Represented Defendants in a patent infringement case involving use of a patented hair growth formulation.
Furthermore, trademark attorneys at Higgs Fletcher & Mack have represented clients before the Trademark Trial and Appeal Board in the following trademark cancellation and opposition proceedings:
- Bank One Corporation v. Suzanne Lamb Sharp*
- Citicorp v. Suzanne Lamb Sharp*
- OCC Technologies, Inc. d/b/a/ Onecard.com v. Suzanne Lamb Sharp*
- Joel Gomez v. Captaur, Inc.*
- Nu Flow America, Inc.* v. Pipe Restoration Technologies, LLC
- Home Brew Mart, Inc.* v. Casella Wines Pty Ltd.
- Van Group, Inc.* v. The Kroger Co. of Michigan
- Med Spa 360, LLC* v. International Cosmetics and Fragrances, Inc.
- West Inn & Suites, LLC* v. Lionheart Enterprises, Ltd.
- Advanced Reading Solutions, LLC* v. VRVV, Inc.
- Xyratex, Ltd.* v. Unitel Corporation, Ltd.
- Port Authority, Inc. dba Jocko, Inc.* v. KL Fenix
- Saxifon USA, Inc.* v. IDD SA
- Alexander H. Field v. Christopher J. Giaquinta*
- Jim O’Neal Distributing, Inc. v. Stephen J. Moss*
- Appro International, Inc.* v. Universal Standard Appliances, Inc.
- Mimmo’s, Inc. dba Grab & Go* v. Stone Container Corporation
- Michael Lee and Port Authority* v. Jeff E. Fults
- Ceyx Technologies, Inc.* v. Price Waterhouse, LLP
- American Boardsports Company, Inc. v. Jerrold Anthony Dollwet*
- Wired Ventures, Inc. v. Matthew Skallerud*
- Castin Enterprises, LLC* v. The Travelers Insurance Company
- Studio Cinegraphic Los Angeles, Inc. v. Ketab Corporation*
- NBC Fourth Realty Corp. v. Victor Maxx, Inc.*
- Paul Little v. Zane Entertainment Group, Inc.*
*Denotes party represented
UDRP Domain Name Disputes
- Ceyx Technologies v. Ceyx.Com. Case No. D2001-0681
Obtained transfer of domain name for plaintiff.
- Asset Marketing Systems, LLC v. SmartBuy Corporation, Chan Organization, Mitchell de la Cruz, Gongju Jung et. al. Case No. D2004-0492
Obtained transfer of domain name for plaintiff.
What is a trademark
A trademark is a brand name, a symbol of quality and a single source indicator of goods and services. Trademarks are how consumers find and remember specific goods and services among all the similar goods and services in the market place. It´s important to protect your brand by clearing, registering and policing your trademark. If you need help with trademark issues, please e-mail or call me.
Copyrights- Make sure the Computer Software you Create, Sell or Buy is Covered
Do you create and sell custom computer software or other work protected by copyright? Do you purchase such work? I’m Phil Samouris, a business and intellectual property partner at Higgs Fletcher & Mack.
Copyright ownership can only be transferred through a writing. So if you are buying or selling such work, be sure discuss and memorialize who own the copyright to avoid any misunderstandings. If you have a copyright dispute please call us. We can help.