Technology, Copyright and Trademark Litigation
Developing an effective strategy to avoid and, when necessary, succeed in litigation requires counsel with the right combination of skills and experience. Mertzel Law has the background to help clarify and achieve your goals, whether through early settlement or litigation.
Mertzel Law is Nancy Mertzel has over 25 years’ experience handling technology, copyright, trademark. trade secret, unfair competition, design patent and related forms of intellectual property infringement. She has handled numerous cases involving source code and data and is experienced at deposing computer programmers. Highlights of Nancy's litigation experience are included on her profile page.
Trademark Trial & Appeal Board (TTAB) Proceedings
The United States Trademark Trial and Appeal Board (TTAB) handles disputes concerning trademark registrations. Mertzel Law has substantial experience handling all aspects of TTAB practice, including commencing trademark opposition and cancellation proceedings, discovery and trial.
Copyright Counseling, Agreements and Registration
The internet provides an unprecedented platform to offer and access highly valuable content including music, text photographs, videos and software. Mertzel Law has experience advising clients regarding issues such as how to protect and enforce your rights in online works and what uses can be made of works available online. We regularly advise clients on whether content is in the public domain and whether particular uses are likely to be deemed fair uses. We also negotiate copyright licenses and assignments, advise clients regarding the benefits of copyright registration, and assist with obtaining copyright registrations.
Trademark Clearance, Registration and Agreements
Before adopting a new trademark for your business, engage experienced trademark counsel to evaluate the mark. Mertzel Law has a two-step process to help you clear a mark. We do a clearance search first, to ascertain whether the mark is blocked by an existing United States registration. Assuming the mark is not blocked, we obtain a professional trademark search that goes far beyond the free database provided by the United States Patent and Trademark Office, and provide an opinion as to the mark’s availability for use and registration. If the mark is available, we prepare and file the application, and arrange for international registrations. For existing registrations, we manage your portfolio and let you know when it's time to renew. We also monitor marks using watch services. On the transactional side, we draft and negotiate trademark assignments and licenses.
Software Development and Licensing Agreements
Software is ubiquitous. Beyond our computers and handheld devices, it's in cars and home appliances. Mertzel Law has experience drafting and negotiating software development agreements on behalf of both developers and clients. Additionally, we can assist in reviewing the terms of licenses for software used in your business.
Website Terms and Conditions & Privacy Policies
Nearly every business has an online presence. Unfortunately, many have used boilerplate templates for their website without tailoring the documents to the needs of the site. Many others have not updated their documents in years, despite changes in the law. Mertzel Law can prepare website documents that are appropriate for your business, or review your existing documents and recommend changes.
Intellectual Property Policy and Amicus Briefs
Congress, executive agencies, the Copyright Office and the Patent & Trademark Office are continuing to evaluate our nation’s intellectual property laws and policy. Mertzel Law is actively involved in monitoring these developments, and can provide advice on how they may impact your business. We can keep you apprised on developments, and prepare written comments to express your business’ interests and concerns.
Additionally, we can assist with developing positions and preparing amicus briefs for submission to the courts. Nancy Mertzel has experience drafting amicus briefs in intellectual property issues for appellate courts and the United States Supreme Court. Additional information is available in her Profile.
Mertzel Law handles commercial litigation in federal and state courts, as well as arbitration and mediation. Nancy Mertzel is an accomplished litigator with substantial litigation experience. She also serves as local counsel.