INTELLECTUAL PROPERTY

IP Law

Unfortunately for many business owners, protecting their company’s intellectual property is not a priority. Many may not think to consult with a California intellectual property attorney until after they discover their ideas have been copied and used by a competitor. By then, it may be too late to prevent the financial harm that often results when a competitor obtains your business’s secrets. Your brand is your business, helping you build customer goodwill and loyalty. You can trust that our intellectual property attorney has the experience to help solve your problems, while keeping your business and personal well-being a priority.


In the business of sports, names, logos, images and likenesses can be a client’s most valuable assets. We handle the full spectrum of issues related to trademarks, copyrights, and rights of publicity helping our sports and entertainment clients protect their IP against unauthorized use and exploit their brand assets through lucrative licensing and endorsement deals.

Copyright

Copyright protects many forms of creative expression, from visual works, to music, to architectural works, to literary works, and sculptures. The purpose of copyright law is to promote art and culture by granting certain rights to authors who contribute to art and culture. Individuals, artists, musicians, and small businesses all create copyrighted material regularly. All need to protect their copyright works as much as possible, but at the same time avoid infringing other's copyrighted works. In the simplest terms, copyright law allows authors to retain ownership of their work and profit from it. 


  • Copyright registration
  • Copyright review and strategy
  • USPTO Agency response letters
  • We provide legal advice for copyright issues that impact emerging technological and world markets
  • Copyright assignments and licensing
  • Copyright portfolio management
  • Cease and desist letters

Trademark

Trademarks play a very important role in the marketplace. Trademarks and service marks help identify the source of a product or service. The purpose of trademark law is to ensure that consumers are able to rely on marks in exercising their presences by prohibiting competitors from using marks in a way that confuses consumers about the source of a product or service. For musicians, trademarking their name, brand, or logo is essential because it ensures that no one else will use their name, and it allows for merchandising or licensing revenue. Trademarking for a business protects and promotes valuable good will as well as other important avenues of profit.


  • Trademark search and registration
  • Trademark clearance searches
  • Trademark application preparation
  • Statement of Use filings
  • We draft merchandise or licensing contracts.
  • Office action responses
  • Trademark portfolio management
  • Trademark renewal filings

Name, Image, and Likeness ("NIL")

On June 21, 2021, the U.S. Supreme Court issued its decision in National Collegiate Athletic Association v. Alston and forever changed the world of college sports. The Court unanimously ruled against NCAA's restrictions on educated-related benefits for student-athletes. Justice Brett Kavanaugh wrote that "traditions alone cannot justify the NCAA's decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated." The NCAA now allows college athletes to earn money by using their own name, image, and likeness for profit. The new augmentation creates countless innovative opportunities for male and female collegiate athletes to earn income from their NIL while engaged in college athletics.


When the NCAA lifted its regulations on NIL in 2021, one of the main conversation points was what does this mean for high school athletes? The new era of college sports did mean something for the CIF and other school associations. Their athletes were now able to earn income from their NIL and not put their amateur status at risk with the NCAA. Below is a list of states that under current regulations allow the athletes to monetize their NIL rights.


Student-athletes can profit off endorsements, signing autographs, selling apparel, corporate partnerships, charitable appearances, teaching camps and starting their own businesses, among other things. They can also hire professional service providers for NIL activities. Student-athletes who are looking to start profiting off their NIL should carefully consider how these new opportunities can affect them as they try to navigate through these previously uncharted waters so that student-athletes do not jeopardize their NCAA eligibility. Before engaging in any activity to benefit from NIL, student-athletes should consult with NCAA, their institution's compliance department, and consulting with an attorney before engaging in any business venture is always recommended whether you are an athlete or a layperson. 


Student-Athlete Representation for NIL

We can guide NCAA student-athletes with NIL issues in some of the following ways:


  • Connecting with school compliance officers and offering support in documenting the NIL relationship to ensure that they are NCAA compliant and do not pose a risk to NCAA eligibility
  • Representing student-athletes in disciplinary and enforcement actions brought by the NCAA or a member institution in connection with alleged improper usage of NIL or non-compliance with NIL legislation
  • Providing contract drafting, contract review, and offering legal advice where appropriate when entering into an approved NIL relationship with business partners and/or appropriate third parties
  • Providing representation and advocacy for student-athletes in all facets of NCAA NIL related compliance and enforcement
  • Drafting and/or reviewing of business documents that will likely accompany NIL related business relationships
  • Providing legal representation in connection with the collection of money earned but not paid for work performed by a student-athlete by a business partner or third party (Breach of Contract)


Current list of states that allow NIL for high school athletes


  • Alaska
  • California
  • Colorado
  • Connecticut
  • District of Columbia
  • Idaho
  • Iowa
  • Kansas
  • Louisiana
  • Maine
  • Massachusetts
  • Minnesota
  • New Jersey 
  • New York
  • North Dakota
  • Utah

Let's Talk

We look forward to serving you.  The first step is scheduling your consultation.

Book a Consultation