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Testimonials

Excellent Attorney for Patent, Trademark and Trade Dress Matters

Mr. Rothman has handled several patent, trademark and trade dress matters for me in the past few years. He resolved each of the matters quickly and economically.

Joel is very knowledgeable and professional. He treats the opposition respectfully and does not engage in unnecessary posturing. His approach defuses emotionally charged situations and creates an environment where rational negotiations can take place. I firmly believe his approach saved my company a great deal of money and cut short what could have been protracted and costly litigation.

Joel is a creative problem solver. He takes the time to listen and fully understand our corporate concerns. The result is a resolution that remedies the immediate problem and also serves our longer term corporate goals.

Over the years, Joel has also provided solid legal advice. Unlike other lawyers I have dealt with, Joel does not simply tell you what he thinks you want to hear. He listens to your proposed course of action and then carefully explains why the approach will or will not work. He has the excellent perspective to see potential problems and suggest ways to avoid them.

While no one enjoys the threat of litigation, knowing that Joel is available to assist makes the threat far less daunting. I highly recommend Joel and his partner, Jerry. Both are true gentlemen and a credit to the legal profession. Thank you both for all your help!

DanielGeneral CounselLarge Merchandising CompanyFlorida

What is Intellectual Property?

“Intellectual Property” is the body of law that protects the fruits of human intelligence: our inventions, our creative works, and the logos and brand names that we adopt for the goods and services we sell. There are three major types of intellectual property protection – patents, trademarks and copyrights. Generally speaking, patent protection is available for inventions that are useful, such as a novel product, a new method of doing business, or a new process for making or using something, and may also be available to protect a new and original ornamental design for an article of manufacture; copyright law protects original works of authorship such as books, music, artwork, photographs, web pages and software; and trademark law protects the brand names used for goods or services, logos, as well as distinctive product and packaging designs. Trademark law is part of the law of unfair competition, which also addresses trade secret protection, unfair competition and deceptive and unfair trade practices.

Sometimes an invention or work is eligible for more than one type of protection. Take, for example, a lamp with an elaborately sculpted base that incorporates a novel on-off switch. The creator of this lamp might be able to claim copyright protection in the lamp’s shape as a sculpture, apply for a design patent to protect the ornamental features of the lamp, and apply for a utility patent on the on-off switch invention. Over time, if the public came to associate the lamp’s design with a particular source of lamps, as we have learned to associate the shape of a Coca-Cola® bottle with cola manufactured by the Coca-Cola Company, then the lamp’s shape could be claimed as a trademark. An attorney can help you to determine what types of intellectual property protection are available to you and how best to protect your intellectual property.

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