intellectual property

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Attorneys in MSK’s Intellectual Property practice have helped shape the media and entertainment industry through their representation of motion picture, television, video, music, animation, and interactive game and software developers, as well as the producers, publishers, distributors, talent, and investors. We have tried and won numerous precedent-setting cases before judges and juries in state and federal courts. In addition, we are skilled in handling arbitrations, mediations and other forms of alternative dispute resolution, and actively provide litigation-avoidance counseling to our clients.

We offer advice and counsel in the areas of anti-piracy, copyright, trademark, patent, intellectual property and technology agreements, and trade secrets, providing worldwide representation in the protection, enforcement and exploitation of intellectual property rights.

copyright

Litigation in the federal courts, as well as transactional representation, comprising registration, recordation, title searches, opinions and licensing, including the development and implementation of domestic and international internet/P2P and physical goods anti-piracy programs.

trademark

A trademark – such as a word or a logo – identifies the source of a product or service. As such, trademarks are critical assets of all businesses. MSK's trademark practice provides its clients with full-service domestic and international trademark representation. We file and prosecute trademark applications worldwide, perform trademark availability searches, provide representation before the United States Trademark Trial and Appeal Board, and assist our clients in policing their trademark rights. In addition, MSK represents its clients in connection with the negotiation and drafting of trademark licenses, assignments, and other similar transactions.

trade secret/unfair competition

Litigation in the federal and state courts and counseling with respect to trade secret protection and related agreements.

patent

Litigation in federal courts as well as preparing and prosecuting patent applications; handling Patent Office appeals, reexaminations and reissues; conducting patent litigation in the federal courts and the ITC; counseling and rendering opinions on patentability, infringement, validity, and enforceability; and formulating patent portfolio development strategies.

right of publicity/right of privacy

Litigation and counseling with respect to rights of publicity and privacy and related agreements.

intellectual property and technology agreements

Negotiation and preparation of intellectual property licenses and high technology transfer and development agreements.

Spotlight

In the 1920’s, Mendel "M.B." Silberberg served as counsel to Columbia Pictures’ founder and was given an office on Columbia’s lot. Nearly a hundred years later, MSK continues its tradition of representing its global entertainment and media clients by building close personal relationships. This has become an ever-more complex task in a world where the definition of “entertainment” has transformed so radically. As a result of the Internet and other technological advances, creative content can be disseminated across multiple platforms. The new reality allows, or will soon allow, the consumer to use a wristwatch to view an artist-produced video posted on YouTube sitting in the backseat of a self-driving car while playing the artist’s game app on a tablet.

Among the driving forces that have altered business models are binge-watching, multi-screen usage, and social networking. Immediate, engaging, and shareable are among the buzzwords that determine the identity of the content producer, the method of content production, the models for financing, monetizing and distributing content, and the ownership rights in content. In short, every aspect of the entertainment industry is changing as quickly as a snapchat selfie.

Experts in copyright, trademark, patent, trade secrets, entertainment transactions, and other intellectual property, MSK attorneys steer their clients through the vagaries of a revolutionized industry. MSK lawyers have been at the forefront in shaping legislation -- most recently, the DMCA, the Copyright Renewal Act, the PRO-IP Act – that will affect our industry clients for years to come. MSK attorneys litigate watershed cases, going back to the landmark Napster case in the 1990s and continuing on to significant lawsuits that affect the motion picture, music, and videogame industries.

MSK’s historical industry ties, coupled with its cutting-edge and creative approach to developments in technology and the law, provide the firm with a unique ability to guide clients through the fundamental shifts that are occurring in the entertainment industry.