The Kitch firm’s services reflect the importance of intellectual property, technology assets and the Internet in accessing content, in hosting databases of information including health information and in cloud computing.

Strong intellectual property rights are often the key to the success of a company in today’s competitive business environment. Companies need to use the Internet to advertise their goods and services and to otherwise assist them in conducting their business operations such selling goods and services online or using cloud computing solutions to host applications or data. The Kitch firm provides strategic counseling to its clients on creating, protecting, enforcing and earning a return on their investment in their intellectual property and technology assets. Services in this area focus on trademarks, copyrights, trade secrets, software, information technology and patents.

Trademarks: As symbols of the goodwill of a company, trademarks are important assets that help a company create a unique identity for the company and distinguish its products and services from those of its competitors. Our services in this area include:

Advising clients on the strategic selection of company names, domain names, trademarks, logos and advertising slogans
Conducting clearance searches
Filing applications to register trademarks, service marks, and trade dress
Obtaining domain name registrations
Maintaining trademark registrations and domain name registrations
Negotiating and drafting trademark licensing agreements and private labeling agreements
Protecting trademarks from misappropriation through trademark monitoring programs and issuing cease and desist demands
Resolving domain name disputes
Litigating trademark infringement and unfair competition matters

Copyright: As authors of original works, copyright holders have the ability to control the use and distribution of their works. Our services in this area include:

Advising clients on the creation, ownership and protection of copyrightable works
Preparing and prosecuting applications for copyright registration in all types of works including computer programs, web sites, technical manuals, technical drawings, art, architectural drawings, sculpture, photographs, and videos, among others
Protecting copyrights in content accessible via the Internet including on social media sites
Acquiring and licensing copyrights
Negotiating and drafting work for hire agreements, consulting agreements, development agreements, and other copyright-related agreements
Issuing cease and desist demands and Digital Millennium Copyright Act takedown notices on behalf of clients
Responding to cease and desist demands and Digital Millennium Copyright Act takedown notices
Litigating copyright disputes

Patents, Technology and Technology Transfer: New products and processes may be entitled to protection for commercial use through the application and issuance of patents in the United States and abroad. Our services in this area include:

Negotiating and preparing licensing agreements for patents, digital content, databases, technical know-how and trade secrets
Negotiating and preparing software licensing agreements, software-as-a-service agreements and software development agreements
Drafting enforceable click-through agreements
Counseling clients on protecting trade secrets
Advising clients on protecting mobile applications
Advising clients on structuring joint ventures and strategic alliances to jointly develop and commercialize use new technology and negotiating and preparing appropriate agreements to implement such arrangements
Negotiating and preparing the purchase and sale of technology companies

Internet and E-Commerce: Companies that conduct business online face a broad set of issues in an area that is rapidly evolving. We counsel clients on the issues that arise when they conduct business via the Internet and advise them on entering into arrangements that permit them to conduct business online. Our services in this area include:

Negotiating and preparing application service provider agreements
Counseling on the strategic preparation of and negotiation of website development and hosting agreements
Drafting effective privacy policies and website terms of service
Advertising, marketing and distribution agreements
Advising clients on complying with data privacy and data security laws
Advising clients on responding to security incidents
Resolving domain name and cybersquatting disputes
Advising clients on data privacy and security issues

Health Information Technology: Health information technology is transforming the way in which health information is managed and used in making clinical decisions. Our services in this area include:

- Negotiating electronic medical records contracts

- Advising clients on protecting the privacy and security of health information

- Investigating and counseling clients on responding to security incidents and compliance with HIPAA breach notification requirement

Creating HIPAA privacy and security programs

Intellectual Property/Trademark

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