Florida Litigation Attorney | Silver, Garvett & Henkel

Intellectual Property

Article 1, Section 8 of the U.S. Constitution affords to Congress the power “to promote the Progress of Science and useful Arts, by securing for limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

Firmly embedded in American law at least since the time of the American Revolution, the law of Intellectual Property (“IP”) pertains to creations, inventions, and works of the human intellect and extends to artistic, literary, entertainment, and musical works, as well as names, brands, marks, designs, logos and symbols used in commercial enterprise. IP law is often divided into four principal areas: (1) Trademarks and unfair competition, (2) Author’s rights and Copyrights, (3) Patents and trade secrets, and (4) Licensing and technology transfers.

“That’s an amazing invention, but who would ever want to use one of them?” (Rutherford B. Hayes, to Alexander Graham Bell, following Bell’s demonstration of his “new” invention, the telephone).

The works covered by IP law are broad and numerous, and include:

• textual works such as books, comic books, manuscripts, on-line works, stories, screenplays, poems, and computer programs and software;
• graphic, pictorial, or sculptural designs and works of fine art, paintings, and other two and three-dimensional works;
• musical compositions and sound recordings;
• dramatic works, choreography, pantomime, motion pictures, and other audiovisual works;
• periodicals, newspapers, and magazines; and
• utility, design, and plant patents.

“…[O]nly in this way can we protect intellectual property, the labors of the mind, productions and interests as much as a man’s own, and as much the fruit of his honest industry, as the wheat he cultivates, or the flocks he rears.” Davoll v. Brown, 1 Woodb. 53, 3 West L.J. 151, 7 F. Cas. 197, 2 Robb. Pat. Cas. 303, Merw. Pat. Inv. 414 (Cir. Ct., D. Mass 1845) (per Woodbury, J.).

The law protects intellectual property for a variety of important reasons. IP law protects the economic and moral rights of the creators and their respective creations, while also balancing those rights with the public need for access. The protection of IP law fosters future creativity, which benefits everyone, while at the same time promoting fairness in trade practices. The business and financial consequences are obvious.

The IP attorneys at Silver, Garvett & Henkel serve as counselors on the diverse legal issues related to Intellectual Property law. The firm will commence representation by analysis and advice as to the development of the client’s intellectual property rights and assets, encompassing their IP portfolio. The firm can then obtain legal protection under IP law for the client’s works including prosecution of applications before Federal and State governmental agencies and tribunals including the U.S. Patent and Trademark Office and the U.S. Copyright Office. Thereafter, the firm can monitor and maintain the client’s IP portfolio. To assist the client in obtaining appropriate financial compensation for their creative works, Silver, Garvett & Henkel can provide legal representation as to the negotiation and enforcement of entertainment, licensing, marketing, promotional, royalty, and sponsorship agreements.

In addition to serving as counselor, the firm can also provide representation through IP litigation and Alternative Dispute Resolution (“ADR”) proceedings to protect the client’s IP portfolio from infringement, counterfeiting and other commercially pirating and predatory practices.

The firm’s IP practice is headed by Ira Cohen who is available for consultation on any Intellectual Property Law matter.