Intellectual Property and Internet Law

For decades, Hawley Troxell has helped clients secure, protect, and transfer their intellectual property (IP) assets. With our experience in IP matters and the ever-changing world of Internet law, we combine a seasoned perspective with an innovative approach to secure the maximum possible value for our clients’ IP portfolios. We understand how important IP is to your business. Our IP and Internet attorneys have the experience and knowledge to protect your copyrights, trademarks, Internet domain names, trade secrets, and patents. We can help you identify, develop, and protect your IP assets in traditional contexts and on the Internet.

Copyrights

We have extensive experience with copyright protection, enforcement, registration, and commercialization. We represent clients in a full range of copyright matters, including:

• Software development and licensing
• Website development and protection
• Music
• Film
• Print publishing
• Digital publishing
• Enforcement of copyrights on the Internet using the Digital Millennium Copyright Act
• International copyright registration and enforcement

Trademarks

From registering trademarks in Idaho and Washington to registering trademarks at the United States Patent and Trademark Office, we know how to secure maximum trademark protection for your business. Our comprehensive trademark practice includes:

• Trademark and brand identification
• Trademark licensing
• Trademark litigation
• Arbitration and litigation to address infringement of Internet domain names
• Trademark oppositions before the United States Trademark Trial and Appeal Board
• Domestic and international trademark registration
• Domestic and international domain name portfolio management

Trade Secrets and Confidential Information

We can identify and protect your trade secrets and confidential information. Our trade secrets and confidentiality services include:

• Preparation and negotiation of confidentiality and nondisclosure agreements
• Counseling regarding business processes and procedures that secure maximum protection for proprietary confidential information
• Enforcement of trade secrets and confidential information through litigation

Patent Counseling

We help develop patent strategies that suit each unique situation and that anticipates future patent licensing and transfer so that you achieve maximum value from inventions, ideas, and knowledge. We also have significant patent litigation experience, both protecting patent rights and defending against claims of infringement.

Internet Law and Information Technology

Our attorneys work with businesses of all types to advise them on Internet-specific topics, including:

• E-commerce
• Search engine optimization
• Keywords and adwords
• Online contracting
• Privacy
• Security
• Hacking
• Spam and the federal CAN-SPAM Act
• Meta tags
• Linking
• Framing
• Social networking
• Peer-to-peer file sharing
• Website terms of use

We also consult on matters relevant to Information Technology, including:

• Software procurement
• Hardware life cycle
• Enterprise security
• Open source licensing
• Engaging independent contractors for software development and deployment
• Electronic document retention and preservation
• Document destruction policies and practices

Artificial Intelligence

What is “Artificial Intelligence (AI)”?

Simply stated, the generally accepted definition is a non-human instrumentality like a computer that mimics human intelligence, thought, action, or behavior.

As the use of AI continues to expand, so do the legal complexities for businesses that develop, implement, or interact with AI technologies. With governments around the world enacting compliance frameworks, the need for clear legal guidance is more important than ever. Successfully navigating these emerging legal issues is essential for mitigating risks and ensuring regulatory compliance — and we’re here to help.

Best Practices for Firms and Clients:

• Implement “robots.txt” files and anti-scraping clauses in your website’s terms of service.
• Secure licenses for content used to train large language models (LLMs) or rely on fair use where applicable.
• Establish an AI usage and bias policy for employees and contractors.
• Update NDAs, IP assignments, and independent contractor agreements to address AI-related concerns.
• Review outbound licenses for warranties of title.
• Assess insurance policies for AI-specific exclusions and coverage.
• Exercise enhanced due diligence during acquisitions, investments, or sales involving AI.
• Evaluate inbound contracts for indemnification clauses related to AI use.
• Ensure all websites are DMCA-compliant.
• Stay up to date on AI-related legislation and case law.

Cybersecurity

A robust cybersecurity program is an important part of protecting your business from virtual threats. Our firm provides strategic guidance on a wide range of cybersecurity issues.

Cybersecurity Services:

• Develop proactive cybersecurity training programs for employees.
• Assess and optimize your cyber-insurance policies.
• Advise on defensive tactics and cost mitigation strategies.
• Guide engagements with cloud vendors in a cyber-risk environment.
• Provide “first call” response assistance following a cyber event, including assembling a remediation and response team.
• Connect you with ransomware negotiation experts.
• Offer guidance on public relations and press strategy following a data breach, including whether and how to announce the incident.
• Assist with data breach notifications, ensuring compliance with timing and content requirements.
• Navigate interactions with attorneys general, civil demands, and subpoenas.
• Provide defense against data breach litigation, as well as representation for plaintiffs in data breach cases.

While we do not negotiate ransomware demands or offer forensic IT services, we have established connections with trusted experts, including FBI contacts, who can assist in these areas.

Mergers and Acquisitions

Our IP and internet attorneys are part of the team in the event of a merger, acquisition, or other transaction that requires thoughtful analysis and evaluation of the nature and scope of IP holdings. Our firm has managed multi-million dollar deals, and our attorneys specialize in conducting thorough and effective IP due diligence to ensure that your interests are best protected.