Intellectual property involves copyrights, trademarks, rights of publicity, defamation, patents, trade secrets, Cyberlaw, and First Amendment Rights.
Copyrights protect creative or artistic works of expression. Copyrighted works are non-functional in nature, and the right is instantiated as soon as the work is “fixed in a tangible medium of expression” – not upon registration. This form of intellectual property applies often to writers, filmmakers of all kinds, musicians, and visual artists.
Mr. Long has performed copyright clearance and chain of title analysis for copyrighted works, clearance re: celebrities for use or non-use in motion pictures, marketing materials, photographic works, compilations, and a wide range of online content. Mr. Long has successfully enforced highly valuable copyrights, trademarks and patents in the market against third party infringers; and has also conversely protected accused clients against specious claims of infringement of the same forms of intellectual property. Mr. Long has successfully prepared and filed copyright applications resulting in registration. Mr. Long regularly advises artists and creatives regarding copyright issues concerning ownership, protection, licensing, and disputes.
Rights of publicity (RoP) involve famous living peoples’ likeness or appearance, which are based on state law. RoP is a form of intellectual property that protects against use of likeness, including their photo, signature, or even similar “likeness” of the famous person.
In prior litigation, Mr. Long contributed to a successful appeal in the Court of Appeals for the Second Circuit (CA2) overturning an adverse decision in U.S. District Court for the Southern District of New York (S.D.N.Y.) involving Marilyn Monroe’s photographer and right of publicity concerning photos of the now-deceased star resulting in prevailing on appeal. Mr. Long is experienced with contracts and licenses concerning rights of publicity, with litigation and appellate experience.
Trademarks protect the source identifier in association with certain goods and/or services.
Mr. Long has managed large international intellectual property portfolios in Europe, China, Japan, Canada, and Mexico, working with local attorneys in various regions and countries throughout the world.
Mr. Long had successfully enforced marks before the Trademark Trial & Appeal Board (TTAB) in numerous trademark opposition proceedings involving high-profile trademarks. Mr. Long has also successfully drafted, prosecuted trademark applications to registration, including assignments of trademark rights, and settlement agreements concerning trademarks. Mr. Long has also litigated trademarks and related insurance coverage disputes to favorable outcomes. Mr. Long is also experienced in monitoring and enforcing trademarks to seek to clear the registry for clients’ marks, which helps protect the trademark owner from impingement.
Defamation — or rather, rights against being defamed — include actions for libel (written defamation) or slander (spoken defamation). Truth is an absolute defense to defamation. Certain categories are considered so damaging that they do not require proof of damage, such as criminal conduct, business defamation on one’s trade or profession, or having a loathsome disease.
Mr. Long has assisted clients in navigating issues of highly contested business defamation and non-business defamation.
Patents protect new, useful, and non-obvious inventions for a limited term and require disclosure.
Mr. Long has successfully prosecuted and enforced patents. Mr. Long is a registered patent attorney with the United States Patent & Trademark Office (USPTO). Mr. Long’s legal work in patent matters spans gaming, entertainment, mechno-electrical, as well as biotech patent litigation. Mr. Long’s patent litigation experience includes seven-figure dispute which was resolved in client’s favor.
In contrast to patents which require disclosure of how to make and use the claimed invention, trade secrets must not be disclosed, and rights in a trade secret can last indefinitely. However, reasonable security measures must be taken to protect trade secrets. What is “reasonable” may vary from case to case.
Mr. Long has advised clients to apply trade secret strategies instead of preparing patent applications. Mr. Long has experience in trade secret litigation concerning alleged misappropriation of trade secrets, defenses thereto, and unfair competition. Mr. Long has assisted clients to analyze and protect trade secrets without requiring disclosure of said trade secrets.
Cyberlaw is a collection of rights involving rights of privacy, rights against retribution by distribution of sexually explicit content (revenge p07n), defamation, copyright, and First Amendment Rights.
Mr. Long has experience with controversial privacy intrusions, privacy torts, unauthorized use of computers, and has assisted clients with legal rights and remedies.
First Amendment Rights includes certain freedoms of expression (against specific censorship), association, and religion. Certain speech is not protected, such as “fighting words” such as racist remarks, or crying “fire” – for example, citing imminent harm or danger to others in a crowded theater. Advertising is considered a form of protected commercial speech but is limited – protected commercial speech does not include: obscenity (“know it when you see it”), fighting words (e.g. racist remarks), defamatory speech, perjury, blackmail, incitement to imminent lawless action, and true threats.
Mr. Long is represented a client in a misleading speech case to successful outcome, resulting in an order barring false or misleading statements and favorable settlement.