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Patent, Trademark, and Intellectual Property

Pender & Coward attorneys are experienced in identifying, protecting, and enforcing the intellectual property rights and assets of both businesses and individuals. Our practice covers all forms of intellectual property, including patents, trademarks, copyrights, trade secrets, trade dress, branding strategies, and all creations of the mind.

The legal system guarantees specific rights and protections for owners of intellectual property, and we strive to ensure that our clients’ intellectual property becomes protected and that protection stays enforceable. Failure to thoroughly evaluate and take measures to protect and enforce intellectual property rights can put millions, and in some cases tens of millions of dollars, at risk.

Our IP attorneys are experienced in both protection and litigation. Our clients include businesses and individuals with an established presence in the marketplace, as well as those entering the marketplace with new inventions, products, brands, and artistic work. Our attorneys provide sophisticated complex litigation representation for businesses and inventors, artists, designers, musicians, and other creative people and groups that rely upon intellectual property protection to successfully compete in the marketplace.

We represent clients in applying to the United States Patent and Trademark Office (USPTO), as well as in state and federal courts to preserve their rights, including defense against claims by others. Our intellectual property attorneys' broad range of experience includes:

  • Protect a new invention, copyright, or branding and marketing strategy
  • Defend against claims by others that a client has infringed another’s intellectual property rights
  • Enforce intellectual property rights against others unfairly or unlawfully infringing those rights
  • Understand and map intellectual property strategies, as well as inventory all owned intellectual property and develop protection strategies

We combine litigation and protection experience in all aspects of intellectual property, and have attorneys experienced in both protection and litigation, which is rare in the legal marketplace.

REPRESENTATIVE CASES AND TRANSACTIONS

  • Won a unanimous Fourth Circuit Court of Appeals decision reversing the trial court’s dismissal of a music copyright infringement case. Copeland et al. v. Bieber et al., 789 F.3d 484 (4th Cir. 2015).
  • Successfully defended against fee-shifting claim for attorneys’ fees and costs in copyright infringement case. Tessler v. NBC Universal, Inc., 2010 U.S. Dist. LEXIS 103220 (E.D. Va., Sept. 29, 2010).
  • Successfully defended an appeal to the Virginia Court of Appeals enforcing the terms of a separation agreement. Barr v. Barr, 2009 Va. App. LEXIS 542 (Va. Ct. App., Dec. 8, 2009).
  • Successfully enforced and defended the intellectual property rights of a significant number of business entities, including the recovery of damages for use of trademarks, copyrights, and trade dress by marketplace competitors. Many of the cases resulted in settlements including payments for damages incurred as a result of the infringing activity.