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Intellectual Property

TRANSFORMING IDEAS INTO LEGALLY PROTECTED PROPERTY

Kyle-Beth Hilfer understands that intellectual property is the cornerstone of a brand. She helps companies transform their ideas into legally protectable copyrights and trademarks. Representing both licensors and licensees, she helps develop long-term business plans to maximize the value of their intellectual property portfolios. She assists in the development, use, maintenance, licensing and protection of their trademarks and copyrights, and she offers strategies for exploiting intellectual property in a global marketplace.

As an arbitrator on the Intellectual Property panel for the American Arbitration Association, Kyle-Beth is well versed in handling intellectual property disputes. She harnesses this expertise for her transactional clients, preparing clearly drafted and effective license agreements to help avoid litigation down the road.

Trademark
  • Trademark selection and clearance
  • Trademark search evaluations
  • Domestic and foreign registrations
  • Trademark maintenance programs
  • Trademark watch services
  • Domain name protection and disputes
  • License agreements
  • Trademark oppositions and cancellations
  • Trademark counterfeiting advice
  • Trademark litigation, Lanham Act, and unfair competition claims
Copyright
  • Works for hire
  • Derivative works
  • Multiple ownership
  • Fair use
  • Licensing agreements
  • Digital Millennium Copyright Act advice
  • Virtual and augmented reality
Licensing
  • Art licensing
  • Merchandise licensing
  • Software licensing
  • Trademark licensing
Social Media
  • Protection of trademarks/copyrights in social media
  • Infringement Issues
  • Trademark highjacking
  • User generated content
  • Unsolicited ideas
  • Testimonials and endorsements
  • Development of prize promotions
Rights of Publicity and Privacy
  • Use of a person’s name/likeness
  • Advice on commercial usages
  • Use of photographs
  • Impersonation and avatars

Featured

Design Meets Intellectual Property Law Challenges

November 5, 2017

Kyle-Beth Hilfer  will speak about intellectual property law challenges in hospitality design at BDNY 2017 (Boutique Design New York).  Ms. Hilfer will  discuss legal issues in hospitality design at the concept, manufacture, and purchasing stages. In particular, she will present the challenges of legally protecting furniture, lighting, layouts, and decor. In addition, she will explore opportunities for  protecting unique and original hotel brand experiences and FF&E. Finally, Ms. Hilfer will offer best practices for avoiding intellectual property infringement and achieving protection under patent, copyright and trademark laws. 

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Restaurant Law University: Branding and Marketing Concerns

May 23, 2017

Hospitality businesses are becoming increasingly creative in their marketing, not only to win new business, but also to maintain relationships with loyal customers. On June 6, 2017, Kyle-Beth Hilfer will moderate and speak at Restaurant Law University. In her presentation on branding, she will discuss the legal implications of various branding and marketing techniques.

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Intellectual Property Strategies Every CEO Needs for the Sharing Economy

March 6, 2017

The “sharing economy” seeks to empower consumers by freeing them from the burdens of ownership. The savvy CEO may wonder: How can the collaborative crowd distinguish counterfeit product from my trusted trademarked or copyrighted products? How can my company remain profitable when consumers eschew new branded goods and services? In fact, the CEO should take comfort in knowing that the brand’s intellectual property remains relevant and valuable in the sharing economy.

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