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Meet some of our New Mexico Intellectual Property Lawyers
David L.
Experienced real estate, business, and tax practitioner, representing start up and established businesses with formation, contracts, and operational issues.
Tiffany O.
Tiffany received her Juris Doctorate from the J. Reuben Clark Law School, Magna Cum Laude. She is admitted to the Utah State Bar and the New Mexico State Bar. She practices in the areas of real estate, general business, business formation, employment agreements, and civil litigation.
October 1, 2022
Tina T.
I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.
January 26, 2023
Judi P.
Driven attorney with a knack for alternative dispute resolution, real estate, corporate law, immigration, and basic estate planning, with superb people skills and high emotional intelligence, and for working smart and efficiently, as well as time and financial management skills to deliver excellent legal work and solutions to legal issues. Seasoned with 20+ years of law firm and legal experience (real estate/corporate).
June 19, 2023
Derek C.
Attorney with over 10+ years' experience and have closed over $1 Billion in real estate, telecommunications, & business transactions
July 27, 2023
James N.
I'm a Chicago native and Kansas City transplant that has made regulatory compliance and civil administrative litigation for heavily regulated industries my niche for the past decade.
July 31, 2023
Daniel W.
In my thirteen years of practice, I've had the opportunity to argue cases in state, federal, and tribal courts; in subjects as diverse as gaming, land tenure, water rights, treaty rights, finance, employment, criminal defense, conflict of laws, and tort (among others). But the real value I brought my clients came through avoiding litigation, fostering relationships, and developing long-term strategies.
January 29, 2024
Damian T.
Damian is a founding partner of Holon Law Partners. He began his career as an officer in the Marine Corps, managing legal affairs for his command in Okinawa, Japan. In this role, he conducted investigations, assembled juries for courts martial, and advised his commander on criminal justice matters. Damian was twice selected to serve as his unit’s liaison to the Japanese government and self-defense forces. Damian later worked as a transactional attorney in New York, where he handled commercial real estate, finance, and restructuring matters. He has also participated in insider trading investigations at the SEC, worked on compliance at a private equity firm, and managed legal operations and special projects at a vertically integrated cannabis company in New Mexico. Damian draws on these diverse experiences to provide his clients with creative solutions to thorny legal issues – from negotiating commercial leases to managing complex securities offerings. In addition to practicing law, Damian volunteers as a research assistant at the University of New Mexico Medical School’s McCormick Lab – studying the microbiology of longevity and aging. When not working, he enjoys spending time with his two pit bulls and pursuing his passions for foreign languages, art, philosophy, and fitness. Damian resides in Albuquerque, New Mexico.
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Orin K.
I'm an employment lawyer. I counsel and represent employees in all professions, from hourly workers to doctors and executives, and all in between. I also counsel and represent employers in many aspects of employment law.
October 22, 2021
Nichole C.
Licensed attorney in KY and Federally JD, 2006 University of Louisville MBA, 2006 University of Louisville BS, 2001 Berea College Licensed Title Agent Arbitrator and Certified Mediator Business Consultant Adjunct Professor, Law and Business
January 24, 2022
Michelle F.
I provide comprehensive legal and business consulting services to entrepreneurs, startups and small businesses. My practice focuses on start-up foundations, business growth through contractual relationships and ventures, and business purchase and sales. Attorney with a demonstrated history of working in the corporate law industry and commercial litigation. Member of the Bar for the State of New York and United States Federal Courts for the Southern and Eastern Districts of New York, Southern and eastern District Bankruptcy Courts and the Second Circuit Court of Appeals. Skilled in business law, federal court commercial litigation, corporate governance and debt restructuring.
October 26, 2021
Steve C.
I am a corporate and business attorney in Orange County, CA. I advise start-ups, early-growth companies, investors, and entrepreneurs in various sectors and industries including technology, entertainment, digital media, healthcare, and biomedical.
Intellectual Property Legal Questions and Answers
Intellectual Property
Joint Agreement
California
Can a JV hold patents?
I am currently exploring the possibility of forming a joint venture (JV) with another company in my industry. As part of our business plan, we are considering the development of new products and technologies that may be patentable. However, I am unsure if a JV has the legal capacity to hold patents and protect our intellectual property rights. Therefore, I would like to seek advice from a lawyer on this matter.
Jane D.
As a legal entity, a joint venture (JV) can own a patent. Given the temporary nature of JVs and the fact that there will be multiple owners of any patents, there is a complex mix of intellectual property (IP) ownership rights, dispute resolution, and enforcement issues that need to be agreed upon in order to properly protect everyone's intellectual property rights. Consideration will need to be given to what IP ownership and rights will look like during and after the JV and it may be easier to have both companies listed as the patent authors for inventions from the outset (versus naming the JV as the author). A joint IP agreement is the best solution to outline the rights of each party, the process for developing patentable technologies sufficient to be a patent author, filing and prosecuting patents, and future licensing and exploitation of the patent.
Intellectual Property
Asset Purchase Agreement
North Carolina
How are intellectual properties handled in an asset purchase agreement?
I am looking to purchase a business that includes intellectual property and I want to ensure that it is properly handled in the asset purchase agreement. I am concerned that the intellectual property may not be properly transferred to me in the agreement and I want to make sure that the agreement is legally binding and that I will be the rightful owner of the intellectual property after the purchase.
N'kia N.
Although not necessarily required, the parties to an asset purchase agreement oftentimes find that it is in their best interests to work with a knowledgeable intellectual property attorney. The attorney can negotiate and draft the parts of the agreement that pertain specifically to intellectual property. The attorney can also assist with the parts of the agreement that do not appear to affect intellectual property but have the potential to. If you are considering an asset purchase agreement that involves intellectual property, you should also consider hiring an intellectual property attorney.
Intellectual Property
Copyright
New York
Is using a mug or merchandise in a flyer for an event with another company’s logo copyright infringement.
Creating imagery with for an event that has an item with a logo on it
Jane C.
Do you have a license to use the intellectual property? Consult with an attorney.
Intellectual Property
Employment Handbook
Florida
Employment handbook intellectual property policy?
I recently started a new job and was provided with an employee handbook that outlines company policies and procedures. I am concerned about the intellectual property policy outlined in the handbook, as it is not clear to me whether I have any ownership rights over the work I am creating for the company. I would like to understand my rights with respect to the intellectual property I am creating for the company, and what I can do to ensure that I am protected.
Daniel D.
Without seeing the handbook it would be difficult to answer your question. Generally, what an employee creates for the Company is Company property, unless you have an agreement with them that states otherwise. It would also be helpful to know if you are an employee or independent contractor. Sometimes Company's give employee handbooks to independent contractors but the classification of whether you are an employee or independent contractor is important to this analysis.
Intellectual Property
Trademark
Massachusetts
Can I trademark the name of my software?
Can I trademark the name of my software if the same name is already trademarked in a different country/state? I am starting up a FinTech company right now and I am trying to trademark the name of my mobile app; however, after some searching, I realized that a company in the UK has already trademarked the same name. It is also a company that makes a mobile app in the FinTech industry - just in a different area of interest. Are there any suggestions for how I would go about trademarking the name of my software, or do I have to come up with a different name?
Roman V.
Yes, it's generally possible to trademark the name of your software, as long as it is not a generic name or descriptive of the product. You should also do a clearance search to make sure no other company is using the same or similar name for similar services. I would be glad to discuss more details and help with the trademark process. Thanks.
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