Intellectual Property Practice

The greatest inventions are those inquiries which tend to increase the power of man over matter. – Benjamin Franklin

TDFoster advises our clients on all aspects of their intellectual property needs including patent protection. We counsel clients on the issues, regulations and procedures involved in obtaining a patent in the U.S. and abroad; the development of the client’s intellectual property portfolio; and the defensive use of patents to protect market share.

By virtue of our relationships with a number of affiliate domestic and foreign law firms, TDFoster can offer our clients the fullest range of patent legal services involved in obtaining and enforcing patent rights in the U.S. and abroad.

Once we have been formally engaged as your attorney, we will send you an invention disclosure form so that we can provide you with a quote for the drafting of the requisite patent application.

Gucci is not a fashion or a design house, it was always a trademark. – Maurizio Gucci

As sizeable portion of TDFoster’s practice is focused on trademark protection.  As a normal practice, we will conduct a no-cost, knock-out trademark search for you to give you an early indication of how easy or difficult it might be to use and register your proposed mark.  For this search, we will need to know the types of goods and/or services that will be associated with the mark.

We always offer to conduct a more comprehensive trademark search.  Such searches cover not only identical but also similar marks found in the USPTO’s and individual state trademark database.  In addition, a more comprehensive search should identify common law uses of similar terms in print and online and also as corporate names.  These are all important since they could affect your ability to use and register your mark.

Obtaining a federal trademark registration is not a simple task.  Each step of the process requires expert guidance and it is clearly best to seek the aid of an experienced law firm which can help secure your rights of ownership, before someone else does.  TDFoster will be there to advise you on the best course of action to take to increase the chances your application will be approved for registration.

You don’t take a photograph, you make it. – Ansel Adams

TDFoster has the years of experience and expertise in business and intellectual property law required to protect your rights as an entertainer, musician, author, artist, athlete, film maker, actor, dancer, or producer to help you bring your ideas and plans to life. From negotiating contracts to protecting intellectual property, we provide all aspects of advice and counsel to our clients.

[The Congress shall have power] “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” – U.S. Constitution Art. I, § 8, cl. 8.

TDFoster advises authors, artists and creators in all aspects of copyright law.  Our intellectual property lawyers have years of experience in the requisite due diligence, protection, licensing and enforcement of our client’s original works.  We assist clients in everything from litigating copyright issues and policing copyright portfolios to obtaining copyright registrations and developing and negotiating licensing and ownership agreements.

The 1623 English Statute of Monopolies – progenitor of the American Intellectual Property system

TDFoster provides advice, document preparation, and litigation services related to the formation and operation of businesses. We are experienced in drafting a range of corporate formation documents, including certificates of formation, operating agreements, buy-sell agreements, revising existing contracts, and reviewing potential contracts.  We also perform contract negotiations and help clients resolve contractual disputes.

The great can protect themselves, but the poor and humble require the arm and shield of the law. – Andrew Jackson

We work with clients to develop pre-litigation strategies, risk avoidance techniques and aggressive litigation in order to best protect our client’s vital patents, copyrights, trademarks, and trade secrets.  Our IP attorneys and affiliate firms litigate intellectual property disputes before courts for both domestic and foreign clients.

In addition to representing clients in proceedings in the U.S. Patent and Trademark Office (USPTO), we have represented clients at the trial and appellate levels of state and federal courts up to the Supreme Court of the United States.