Michael J Brown Law Office LLC
SERVICES WE PROVIDE
Michael J Brown Law Office currently advises businesses in the following industries:
Food Products and Processing
Personal Care Services
Technology Service Providers
and many more
A few of our clients:
This practice is the result of more than two decades of experience working with companies of various sizes as well as individual entrepreneurs and inventors, helping to identify, develop and protect many different types of intellectual property assets.
We focus on assisting clients with intellectual property protection, including registration of patents and trademarks with the U.S. Patent and Trademark Office, and registration of copyrights with the U.S. Copyright Office. We also assist with registration of patents and trademarks outside of the U.S., utilizing a network of law firms around the world.
We also handle trademark, trade dress, patent, design and copyright litigation in U.S. Federal courts, domain name arbitration under the Uniform Dispute Resolution Policy, and advise on business transactions such as licenses, mergers, acquisitions and financing involving intellectual property assets, and trade secret and confidential information protection.
We are very familiar with the needs of start up businesses and have helped many businesses with essential agreements needed at the beginning phases, such as inventor and employee agreements and nondisclosure agreements.
Michael J. Brown
I am a registered patent attorney and have filed or directed the filings of at least 2000 patent and trademark applications in the U.S. and countries around the world. In addition to protection and registration of U.S.-based intellectual property rights, working with a network of firms around the world, I am able to assist clients with registration and protection of trademarks, patents and copyrights on a global or regional basis.
I have handled a variety of intellectual property disputes in patents, trademarks, copyrights, trade secrets, domain names and rights of privacy and publicity, ranging from initial investigation of infringement through litigation and resolution.
In business transactions, I have advised on confidentiality agreements, asset due diligence, purchase agreement negotiation, privacy issues, material transfer agreements, licensing agreements, university licensing agreements, software development agreements, joint venture agreements, and transition services agreements, including such issues in the context of a bankruptcy or restructuring.
In my career, I have been associated with firms of different sizes, ranging from small intellectual property boutique firms to large multi-national general practice firms. I also served as outside intellectual property counsel for a multi-national manufacturer of oil and gas refining equipment. With this background, I can offer the benefit of my extensive experience in an environment where I can provide personal attention to my clients' concerns.
What kind of businesses do I represent?
I currently advise businesses in the following industries: apparel, cosmetics, toys, dental products, financial services, environmental remediation, content publishing, food processing, shipping, luxury goods, personal care services, software development, technology service providers, industrial manufacturing and others. I have also advised businesses in petroleum processing, computer retail, real estate services, transportation and logistics, consumer brands, and book publishing.
I work with individual inventors and founders of start up businesses, advising on cost-effective ways to protect inventions and new business ideas.
Admitted to practice
Connecticut - 1991
New York - 1992
New Jersey - 1994
U.S. Courts of Appeal:
9th Circuit - 1995
Federal Circuit -1996
6th Circuit - 2000
U.S. District Courts:
Southern District of New York - 1992
Eastern District of New York - 1992
District of New Jersey - 1994
Eastern District of Michigan - 2000
Eastern District of Wisconsin - 2005
U.S. Patent and Trademark Office, Registered Patent Attorney - 1993
Benjamin N. Cardozo School of Law, New York, NY
Clinics: Alternate Dispute Resolution Seminar / Mediation Clinic; Intensive Trial Advocacy Program
Honors: Alexander Fellows Judicial Internship
New York University School of Law, New York, NY Patent law course - Fall 1990
Colgate University, Hamilton, NY
B.A. Computer Science May 1985
International Trademark Association
Madrid Protocol subcommittee 2014-2015 term
Design right subcommittee 2010-2011 and 2012-2013 terms
Law Firm membership subcommittee 2008-2009 term
Morris-Essex Small Firm Networking Group (Board member)
Intellectual Property Asset Protection and Transactions
Our practice assists clients with the protection of intellectual property through registrations, litigation and other adversarial proceedings, transactions and licensing. We regularly advise and assist clients with intellectual property protection issues in the U.S. and overseas.
In the U.S., patents and trademarks can be registered with the U.S. Patent and Trademark Office and copyrights are registered with the U.S. Copyright Office.
U.S. Federal courts evaluate and rule on disputes in trademark, trade dress, patent and copyright matters, and domain name disputes are handled through arbitration proceedings under the Uniform Dispute Resolution Policy of Internet Corporation for Assigned Names and Numbers (ICANN).
Business transactions such as mergers, acquisitions and financing involving intellectual property assets require consideration of the impact of the transaction on the ownership and use of the intellectual property assets, as well as the impact of the intellectual property assets on the underlying transaction. Trade secret and confidential information can be protected through non-disclosure or confidentiality agreements and also through setting up best practices.
Services offered by this firm:
• Advice about cost-effective approaches to protection of intellectual property rights
• Patent, trademark and copyright registration and portfolio management
• Dispute resolution litigation, arbitration and mediation
• Representation of applicants in trademark opposition proceedings and registrants in trademark cancellation proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office
• Licensing agreements for technologies, inventions, brands, creative works, and merchandising
• Content sharing and information technology agreements
• Software licensing and development agreements
• Copyright compliance, clearance and counseling
• Domain name arbitration and litigation
• Nondisclosure and confidentiality agreements
• Advertising agreements
• Intellectual property audits of clients and their competitors
• Intellectual property due diligence in business transactions
• Acquisition, development and divestment of intellectual property assets
• Business transaction support for intellectual property issues arising in strategic partnerships, joint ventures and other business entities developing and protecting intellectual property assets
• Freedom to operate and validity studies
What is intellectual property?
Intellectual property, as the name suggests, covers creations of the mind.
These creations can be generally broken down into the following categories:
• PATENTS protect inventions such as machines, processes, compositions of matter and certain designs;
• TRADEMARKS are brand identities such as product or service names, logos or packaging;
• COPYRIGHTS are artistic creations, such as artwork, writings, film or music;
• TRADE SECRETS are non-public business information, such as secret business formulas, processes and methods
The importance of intellectual property
Most successful businesses in a wide variety of industries share a common trait: they pay attention to their intellectual property assets, including inventions, brands and creative works. The intellectual property assets of successful businesses are what the businesses are known for. Consumer product companies are known for their brand names. Technology companies are known for their innovative and distinctive products. Artists and entertainment companies are known for their creative works. Each of these types of intellectual property, otherwise known as patents, trademarks and copyrights, have their own characteristics and means of protection.
Attention to intellectual property is important. Failure to protect your intellectual property assets or to make sure that you are not violating the intellectual property assets of another can result in:
• Loss of trademark rights
• Missed business opportunities
• Pre-emption in the market
• Infringement litigation
• Misappropriation of trade secrets
• Unfair competition
• No attribution for your work
• Unnecessary expenses
These are examples of the risks, but a proper evaluation of your specific needs can determine whether any of these apply to your situation.
Patents protect inventions, such as new products, processes, designs or compositions. While any idea may be an invention, in order for an invention to be patentable, the invention must be new and not obvious in light of existing technology.
A patent may be simply described as a government sponsored monopoly, granting the right to exclude others from making, using or selling an invention. One common misconception about patents is that owning a patent does not give the patent owner the right to do anything with its invention. As an exclusionary right, a patent is more of an offensive tool than a defensive one.
Patents are national in protection, and a patent in the U.S. will not by itself provide any enforceable rights outside of the U.S. For protection outside of the U.S., additional patent applications may be necessary.
Trademarks are the names and logos used to identify the products and/or services of a business. A trademark serves the business by distinguishing the products and/or services of the business from its competitors. In the U.S., trademark rights are acquired through use of the trademark, however, registration is recommended, through Federal or state registers. Outside of the U.S., trademark rights are generally based upon registration.
Trademark rights are generally national in scope, however there are regional trademark registrations, such as the European Community Trademark and international trademark treaties that simplify registration in many countries, and provide more cost effective solutions than separate national trademark filings.
Creative works, including writings, artwork and music are automatically protected by copyright. Copyright provides the owner of the creative work with the exclusive right to control copying and creating new works based on the creative work, otherwise known as derivative works. Registration is not required for copyright to exist, but for U.S. copyright owners, a copyright registration with the U.S. Copyright Office is a prerequisite for filing a law suit for infringement of copyright.
Certain information about a business may provide the business with an advantage over competitors, provided that the information is not known to the competitors. New technology often is kept confidential during development before patenting or even instead of patenting. It is important that the business keep such technology and similar information confidential to maintain the competitive advantage, usually through non-disclosure, confidentiality and employment agreements.
Michael J Brown Law Office LLC
354 Eisenhower Parkway
Plaza I, 2nd Floor
Livingston, NJ 07039-1048
Phone +1 973 577-6300
Fax +1 973 577-6301
No Attorney-Client Relationship Exists Through This Site. We would be happy to provide assistance to you, but strongly recommend that you only include general information in communications sent through this or any other website. Forming the attorney-client relationship can only occur after this firm is retained by mutual agreement. This website intends to provide some information about the services our practice offers, and also provide basic information about intellectual property assets.