Services Intellectual Property

Kean Miller helps businesses, inventors, and creative professionals protect, enforce, and maximize the value of their intellectual property. Our team combines legal knowledge with industry-specific insights to provide practical and strategic counsel across a full spectrum of intellectual property matters. This approach ensures our clients’ innovations, brands, creative works, and secrets are safeguarded in an increasingly competitive marketplace. We are proud to have the trust of our clients and help with their day-to-day and high-stakes intellectual property matters, from portfolio management to complex litigation.

Kean Miller serves a diverse range of industries, including technology, manufacturing, energy, healthcare, and creative enterprises. We partner with clients to learn about their business and proactively develop customized advice on the creation, protection, and enforcement of important intellectual property. Whether our client is a startup developing cutting-edge software, a manufacturer safeguarding proprietary processes, a research institute covering a swath of technologies, or an artist protecting original content, we tailor our legal strategies to align with its business objectives and market position.

Our attorneys offer expertise in all areas of intellectual property law, including:

• Patents. We have obtained hundreds of patents across multiple disciplines to help our clients ensure a competitive advantage in their marketplace, both in the United States and abroad. Our patent team has helped to procure patents in over 40 countries.
• Trademarks & Branding. We are trusted keepers of over 1,000 brands. We help businesses secure, enforce, and defend trademarks, service marks, and trade dress to maintain brand integrity and market distinction.
• Copyrights. We protect and enforce copyrights to safeguard creative investments.
• Trade Secrets & Confidential Information. We develop strategies to protect proprietary business information and prevent misappropriation.
• Technology & Licensing Agreements. We draft and negotiate licensing, technology transfers, and joint development agreements to optimize the value of our clients’ intellectual assets.
• Portfolio Management. We oversee multiple clients’ full intellectual property portfolios that cover multiple countries and jurisdictions.
• IP Litigation & Enforcement. We enforce our clients’ intellectual property, defend their rights to lawfully compete, and dispute various claims, including infringement, licensing, and unfair competition claims.

Areas of Expertise

• Copyrights
• False Advertising
• Infringement Litigation
• Intellectual Property Valuations
• Internet Corporation for Assigned Names and Numbers (ICANN) Proceeding
• Licensing Agreements
• Licensing Disputes
• Name, Image, and Likeness (NIL)
• Noncompete Agreements
• Nondisclosure Agreements
• Patents
• Trademarks
• Trade Dress
• Trade Secrets
• Unfair Competition
• Portfolio Management
• Technology Transfers
• Service Marks

Representative Experience

• Representation of a Fortune 50 oil and gas operator in the defense of claims of trade secret misappropriation, breach of contract, and various federal statutes.
• Representation of a Fortune 500 major oilfield services company against claims of patent infringement, misappropriation of trade secrets, and other related claims. Through our motion practice, the court dismissed several claims, including for patent infringement. We successfully challenged several over-reaching discovery attempts by the plaintiff and obtained a favorable settlement for the client.
• Representation of an international pharmaceutical development company in the negotiation and execution of patent licenses, facility use agreements, and cooperative research and development agreements to support their efforts to develop life-changing, cancer-treating pharmaceutical products.
• Representation of international manufacturer of barbecue grills in the development and enforcement of its trademark portfolio, including the successful prosecution of over a dozen oppositions to block third party registrations of confusingly similar trademarks with the US Trademark Office. Represented national manufacturer and provider of coffee with enforcement of its trademark portfolio, including multiple trademark oppositions to prevent the registration of similar brands with the US Trademark Office, cease and desist letters, and litigation.
• Representation of national advertising company with enforcement and defense of its trademark portfolio, including multiple trademark oppositions, defense of infringement claims, and persistent monitoring of applications for similar brands with the U.S. Trademark Office.
• Representation of a national provider of cleaning products in filing a trade secret misappropriation suite alleging theft of trade secret formula against prior distributor turned competitor. Filed suit and secured settlement maintaining confidentiality of formula and prohibiting use thereof.
• Representation of a fitness center in response to threats of trade dress and trademark infringement. When negotiations stalled, filed a declaratory judgment action of noninfringement leading to quick and amicable resolution of matter.
• Representation of international developer of green energy projects in claims of trademark infringement; countersued for infringement, leading to opposing party’s agreement to change its name. Representation of mask developer in asserting copyright infringement against professional wrestler and international wrestling organization, leading to settlement in client’s favor.
• Representation of non-profit organizer of national festival in claims of trademark infringement by competitor, obtaining preliminary injunction and final judgment in client’s favor.
• Representation of a leading agricultural chemical company in a contentious dispute with a competitor over the use of a registered domain name that infringed on trademarks and company likeness. Successfully obtained competitor’s domain through an ICANN proceeding.
• Representation of national manufacturer of vinyl wraps for vehicles in claims of trade secret misappropriation and trademark infringement; countersued for declaratory judgment of noninfringement and bad faith assertion of trade secrets, leading to resolution where opposing party transferred its trademark to client.
• Represent manufacturing company in claims of trade dress infringement, obtaining insurance coverage for the defense, and successfully resolving matter for client.
• Representation of an oilfield services company in patent infringement lawsuit filed by competitor. Successfully demonstrated lack of infringement to satisfaction of plaintiff and threatened counterclaims and invalidation of patent, leading to dismissal of suit prior to deadline to file first responsive pleadings.
• Representation of a nonprofit organization in resolving allegations of copyright infringement related to the use of an internet-sourced image. Achieved a favorable outcome through pre-litigation negotiation, avoiding costly legal proceedings.
• Representation of a photographer and business owner in claims involving unauthorized use of proprietary images. Leveraged copyright infringement and Louisiana Unfair Trade Practices Act claims to reach a favorable out-of-court settlement.
• Representation of regional law firm in a dispute with a cyber squatter. Successfully obtained the domain from the cyber squatter through an ICANN proceeding.
• Representation of a non-profit in a dispute with a nefarious actor which was using its prior domain and images for illegal activities. Successfully stopped the use of the domain and reclaimed ownership thereof through an ICANN proceeding.
• Representation of a record company in claims of copyright infringement related to distribution of allegedly infringing song. Successfully challenged suit based on lack of personal jurisdiction and improper venue, leading to dismissal of lawsuit.
• Representation of a software company in filing a trademark opposition alleging likelihood of confusion in inter partes proceeding before Trademark Trial and Appeal Board.
• Representation of an entertainment venue in defense of a copyright infringement action by performing rights organization and negotiated music license.
• Representation of a restaurant franchisee in negotiating terms in franchise agreement, terms of use of trademark, royalty payments, and obligations of franchisor.
• Representation of a local business in securing federal intellectual property registrations, including copyright protection for proprietary camouflage designs and trademark registration for the company’s name and logo.
• Representation of a recording studio on service agreements and intellectual property rights that ensure the business owner retains vital rights to master recordings, licensing, and royalty streams.
• Representation with numerous artists and creative professionals in Digital Millenium Copyright Act takedown actions and negotiations of licenses.
• Defense of numerous clients against copyright trolls’ and other non-practicing entities’ attempts to extort undue licensing fees.
• Representation of international software provider in arbitration proceedings to protect rights under software license agreements.
• Representation of outdoor products manufacturer in federal court enforcement of trademark rights.