CASTAYBERT PLLC performs and analyzes trademark clearance searches. Trademark searches are tailored to the needs of the client. The firm conducts initial, basic searches, and can obtain and review full trademark “knockout searches” in the U.S.. The firm advises clients about likelihood of confusion, dilution, and distinctiveness of trademark.  The firm also counsels on copyright clearance, on both originality and availability.

To learn more about how CASTAYBERT PLLC can assist you in matters of trademark and copyright clearance, please contact us.

CASTAYBERT PLLC understands the legal issues raised by social media both in the professional world of employment and in the area of  intellectual property.  Social media has been called the new employment battleground and impacts both public and private employers and employees.  Social media has also raised a wide range of litigation involving a wide variety of claims between and among individuals and corporations outside of the employment context, as well as issues of privacy and harassment.  Social media has also introduced whole new areas and issues in the context of litigation discovery.  CASTAYBERT PLLC offers advisory, counseling and litigation services for employees and employers, individuals and corporations, and others seeking to enjoin or redress violations arising from the misuse and abuse of social media.

To learn more about how CASTAYBERT PLLC can assist you in this area, please explore the related practice areas and contact us.

CASTAYBERT PLLC has experience preparing, negotiating, and enforcing intellectual property licensing and distribution agreements.  The firm’s principal attorney has prepared and litigates the scope and enforceability of licensing and distribution agreements in a variety of commercial contexts and sectors including in the fashion, toy, sports, leisure and pharmaceutical industries, among others.  He has substantial experience litigating the meaning of various provisions of such agreements, as well as the enforcement of such agreements.

To learn more about how CASTAYBERT PLLC can assist you in preparing, negotiating or enforcing a licensing or distribution agreement, please contact us.

CASTAYBERT PLLC has the experience to represent clients zealously, effectively and efficiently in commercial litigation and arbitration.  The firm’s founder has over two decades of litigation experience.  He has represented high-net-worth individuals, senior executives, and large institutions, as plaintiffs and defendants, in complex litigation and arbitration. The firm can litigate matters from inception, through all stages of discovery and motion practice, through trial and appeal, in both federal and state courts and in both domestic and international arbitrations.  The litigators at CASTAYBERT PLLC have vast experience in a wide variety of commercial litigation and arbitration, including general commercial and contract law, financial and banking law, employment law, intellectual property law (including copyright, trademark and trade secret enforcement, false advertising and unfair competition), real estate law, and insurance coverage and recovery.

To learn more about how CASTAYBERT PLLC can assist you in achieving your goals in litigation and arbitration, please explore the firm’s related practice areas or contact us.

CASTAYBERT PLLC will assist you in ensuring that your advertising and marketing comply with the law. The Federal Trade Commission (FTC) oversees and regulates advertising and marketing law, in the U.S. All businesses have a legal responsibility to make sure that their advertising claims are truthful and not deceptive. The laws governing advertising can impact various aspects of your business, including labeling of your products, email and telemarketing campaigns, claims you make regarding health and the environment, and the way you may advertise to children. For example, there are laws about how you can use endorsements in your marketing, when and whether you can use the “made in the USA” label, and claims about how “green” your product or processes are. There are also rules for specific industries, like franchises, real estate, and the manufacture of clothing.

To learn more about how CASTAYBERT PLLC can guide you through the complexities of advertising and marketing law, please contact us.

CASTAYBERT PLLC drafts and negotiates non disclosure and confidentiality agreements in the employment context but also in connection with exchanges of information and due diligence in a variety of business transactions.  The firm counsels companies on hiring employees and departing employees to follow best practices in order to avoid potential violations of agreements.  We also have considerable experience enforcing such agreements in litigation and arbitration, and where necessary, obtaining injunctive relief to protect confidential, proprietary information.

To learn more about how CASTAYBERT PLLC can assist you in drafting and enforcing non disclosure and confidentiality agreements (“NDAs”), please visit our related practice areas, and contact us.

CASTAYBERT PLLC counsels clients in false advertising and trademark matters.  Trademarks are among a company’s most valuable assets.  We know how to protect and enforce trademark rights and prevent rivals from falsely advertising competitive products.  CASTAYBERT PLLC counsels clients in the creation, maintenance, and enforcement of brands and trademarks.  Our practice includes: trademark clearance, counseling and prosecution; challenges before the NAD and NARB; pre-litigation counseling, labeling approvals and advertising-related inquiries by Federal Regulatory Agencies, including the FTC, EPA and FDA.

The firm has the experience to litigate false advertising claims, and has represented both plaintiffs and defendants in a range of litigated trademark matters, from temporary restraining orders, preliminary injunctions, seizure orders and recalls, to full trials on the merits.

To learn more about how CASTAYBERT PLLC can assist you with false advertising and trademark issues, please contact us.

CASTAYBERT PLLC counsels clients on matters of trade secret protection and how to prevent disclosure through the use of employment, confidentiality, non-disclosure, non-compete and invention assignment agreements.  The firm has substantial experience enforcing employer and company rights to secure and prevent the wrongful trade secret misappropriation through litigation seeking injunctive relief where appropriate or arbitration if applicable.  The firm’s lawyers have extensive experience working with forensic experts and investigators to determine whether and how confidential or proprietary information has been accessed or misappropriated.  CASTAYBERT PLLC’s lawyers also have extensive experience defending individuals and corporations against wrongful claims of trade secret misappropriation.

To learn more about how CASTAYBERT PLLC can help you with trade secret protection, please explore the related practice areas and contact us.

Intellectual property is the touchstone for all major aspects of law related to Art Law.  CASTAYBERT PLLC combines the experience and expertise in copyright, trademark, business transactions, commercial and intellectual property transactions to provide sophisticated transactional and litigation counsel to art world clients such as galleries, dealers, collectors, artists, and appraisers.

The firm counsels clients in all aspects of Art Law, including the creation, purchase, retention, consignment, sale and lending of art.  The firm advises clients regarding authentication, title and provenance, commissions, real estate, auction consignment and insurance.  The firm also advises artists and institutions regarding matters of fair use and regarding the Visual Artists Rights Act of 1990 (“VARA”), which protects a work against “distortion, mutilation, or other modification.”

In appropriate cases, the firm will also represent individual artists or institutions on a pro bono basis and will handle matters referred by Volunteer Lawyers for the Arts.  The firm also offers its services to prepare Amicus Briefs and letters in support or opposition in matters involving free speech, resale rights, moral rights and the Visual Artists Rights Act.

CASTAYBERT PLLC has broad experience prosecuting claims and defending clients in intellectual property litigation including: copyright; trademark; licensing; the assignment of marks, patents, and copyright; the theft or misappropriation of trade secrets, and a variety of unfair competition, and deceptive trade practices.

Trademark, Copyright and Licensing

The lawyers at CASTAYBERT PLLC have prosecuted and defended against infringement claims under the Lanham Act and under common law claims of unfair competition and dilution, as well as independent claims brought under consumer protection statutes prohibiting deceptive trade practices and false advertising. In the copyright area, the firm’s litigators have advised clients on important questions of ownership and authorship, work for hire, exclusivity, duration, assignment, injunctive relief and damages as well as defenses based on the statute of limitations, abandonment, estoppel, laches, and fair use. The firm’s lawyers have significant experience advising clients about licensing, distribution and royalty contracts, assignment of ownership, and in litigating the scope and meaning of different clauses in such licenses for clients in a variety of industries, including the pharmaceutical, fashion, toy, and computer industries.

Trade Secret Protection

The lawyers at CASTAYBERT PLLC prosecute and defend against claims of breach of confidentiality and trade secret misappropriation in state and federal courts, both in the context of employee and competitor misappropriation. In that connection, the firm’s attorneys also have considerable experience invoking the Computer Fraud and Abuse Act. The litigators at CASTAYBERT PLLC have succeeded in obtaining the injunctive relief, court ordered inspections, and seizure and return of misappropriated business and scientific information, and they have successfully negotiated agreements to limit the scope of the activities of former employees at their new employers.  Many cases involving trade secrets and licensing and distribution agreements have also raised patent related issues, including the scope of patents, prior public knowledge and prior invention, patent infringement, inequitable conduct and patent misuse, laches and estoppel, lost profits damages, and damages based on reasonable royalties.

Experience With IP Related Experts

The litigators at CASTAYBERT PLLC  have considerable experience working with a variety of experts. These include scientific experts, such as chemists, engineers, physicists, and architects. They also include industry, marketing and other business experts on industry custom and practice, licensing practices, marketing and consumer surveys. CASTAYBERT PLLC works closely with accounting and financial experts to calculate lost profits, royalties, and other damages. In the investigation and discovery phase of litigation, the firm’s litigators are experienced working with experts in e-mail and metadata collection and recovery experts, and, where appropriate, private investigators.

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