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  • Intellectual Property Litigation
  • Patent Prosecution
  • Trademarks
  • Copyright
  • Unfair Competition & Trade
  • Licensing & Transactions
  • Trade Secrets
  • Domain Name Disputes


  • Miskin & Tsui-Yip ensures continued validity and broad protection of our clients’ intellectual property assets through vigilant monitoring and litigation, if necessary. Our litigation practice includes all aspects of intellectual property, including patent, trademark, trade dress, copyright, trade secret and unfair competition.

    Our clients cover most industrial countries throughout the world and may states of the U.S. We maintain close relations with our local counsels throughout the country, and we are able to provide our clients with services covering litigation in all federal districts. We also maintain contacts with local counsels throughout the world, and commence, manage and supervise our clients’ foreign trademark and patent infringement lawsuits and legal matters. We are prepared to protect, secure and defend our clients’ intellectual property assets anywhere and anytime the need arises.

    Our litigation practice covers all aspects of intellectual property right enforcements, including patent invalidity declaratory judgment lawsuits, trademark infringement and unfair competition, patent infringement, and copyright infringement. All of the attorneys at our firm are knowledgeable and experienced in the intellectual property litigation.

     

     

     


    Miskin & Tsui-Yip offers a complete range of patent services, including client counseling on the development of the concept into a product, patentability opinions, infringement studies, validity studies, patent filings for provisional and non-provisional utility applications, patent filings for design patent applications, prosecution in the United States Patent and Trademark Office and many foreign countries, issuance and maintenance. In addition, we consult & advise our clients on foreign, regional and PCT filings and filings under different treaties, including the Paris Convention and the prosecution of these applications.

    We also pay special attention to enforcing the patent rights of our clients through various methods including cease and desist activities and pre-litigation settlement of patent disputes. When necessary, enforcing patent rights including design and utility patent rights in the United States and foreign countries.

    Our patent clients enforce rights in the arts of simple to complex mechanical devices, novelty items, writing instruments, medical devices, electronic and electrical equipment and components, business method patents, chemical compounds, toys and games, general computer products, jewelry, wireless devices and industrial equipment.

     

     

     


    Miskin & Tsui-Yip offers a complete range of copyright services, both domestic and foreign. We provide clients with counseling regarding registration, licensing, assignments, policing and enforcement of their copyright rights. We consult and advise clients of their copyrights under the Berne convention. Our attorneys have experience in complex problems which often arise due to the complex statutory U.S. copyright laws. Often trademark issues arise in the copyright contexts. To be able to fully address these issues, our copyright attorneys are also trained in trademark law.

    We also pay special attention to enforcing the copyright rights of our clients through various methods including cease and desist activities and pre-litigation settlement of copyright disputes. We are experienced in enforcing copyright rights in the United States, China and Europe.

    Our copyright clients seek copyright protection in various arts including fashion design, fabric design, packaging, magazines, albums, poems, stories, books, software, and jewelry.

     

     

     


    Miskin & Tsui-Yip offers the complete range of trademark services, in the United States and all foreign countries, including prosecution and registration, registration maintenance, Trademark Trial and Appeal Board proceedings for cancellations and oppositions, dispute resolution and trademark infringement litigation.

    We also provide counseling on availability of our clients’ new and proposed marks and/or trade dress, in the United States and abroad. We counsel and advise our clients on filing under the Madrid Protocol, the Paris Convention and other treaties. Our clients’ marks are protected through our monitoring and enforcement, including cease-and-desist activities, trademark oppositions and cancellations, domain name arbitration, and litigation. We maintain close relationships with our local counsels from around the world. Some of the countries where we have enforced our clients’ trademark rights are Russia, Australia, Germany, Canada, Japan, China, Korea, Taiwan, Singapore, and the European Community.

    Our trademark clients include software companies, food manufacturers, franchises, owners of the rights to famous names, manufacturers of dental and medical devices, apparel and accessory manufacturers, toy manufacturers, international entities expanding into the U.S. market, and foreign trademark firms.

    Our senior Partner, Howard Miskin, was associate counsel in a landmark trademark case, “Polaroid v. Polarad,” which is still uniformly cited in current cases in federal courts and the Patent and Trademark Office.

     

     

     


    Miskin & Tsui-Yip’s practice also includes enforcement of trademarks, patents and copyrights assets through asserting numerous federal and state statutes and common law, which protect valuable business information and competition in the business environment. Some examples of our past unfair competition or unfair trade practices claims include litigation based on Federal Unfair Competition, False Designation of Origin, Palming Off, Reverse Palming Off and False Advertising under the Lanham Act, State Unfair Competition laws, covering licensing and assignment of intellectual property rights, non-disclosure and non-compete agreements, and state trade secret laws.

    Our attorneys are experienced in the various aspects of unfair competition and trade practices. We seek to maximize our clients’ financial recovery and injunctive relief in intellectual property actions, by asserting the appropriate rights associated with statutory and common law unfair competition and trade practices.

     

     

     


    Miskin & Tsui-Yip offers a complete range of intellectual property transactions which include licensing, mergers and acquisitions, due diligence, opinion work and transfers.

    Licensing
    Our attorneys been invovled in drafting and negotiating various types of license agreements, from simple to complex, to maximize the value of our client’s intellectual property. We assist clients in obtaining valuable and beneficial contractual terms through our drafting and negotiating experience. We have also obtained licenses for our clients, to market valuable IP rights.

    Opinion Work
    Evaluation of the intellectual property invovled is vital to any transaction. We perform evaluations of the intellectual property in contexts of licensing, transactions and litigations. These evaluations are often an important step in the negotiation of such intellectual property rights.

    Mergers and Acquisitions
    An important part of any company’s acquisition or divestiture is the negotiation of the transfer of the intellectual property. Our attorneys have experience in negotiation and evaluation of the Intellectual Property involved in Mergers and Acquisitions.

    Due Dilligence
    Our attorneys have provided due diligence which includes the evaluation of the intellectual property at issue and advice to our clients entering into any business arrangements.

     

     

     


    “Trade secrets” are confidential information that aids your company in obtaining a competitive advantage. They can be in the form of a formula, such as the formula for making Coca-Cola®, business method or manufacturing processes, collections of information such as your customer list, as well as other proprietary information.

    Trade secrets are not patented or copyrighted, but they can nevertheless be protected as intellectual property valuable to your company, so long as they remain substantially ‘secret.’ The unique aspect to trade secrets is that they may be protected in perpetuity as they are not patented or copyrighted.

    Miskin & Tsui-Yip can discuss the pros and cons of trade secrets and aid you or your company to take the appropriate steps to protect your trade secrets, and the methods to keep them from becoming common knowledge. This includes confidentiality, non-disclosure and non-compete agreements. We counsel our clients on what information to treat as trade secrets and how to protect such information.

     

     

     


    Miskin & Tsui-Yip provides dispute resolution services for clients whose mark has been misappropriated in a domain name by a cybersquatter or an entity seeking to capitalize on our clients’ fame and renown.

    The Internet Corporation for Assigned Names and Numbers (ICANN), a private-sector nonprofit organization, is an internet technical coordination body that is responsible for the management of the Internet domain name system. The coordination of internet domain name assignments, IP address numbers and other parameters are handled by ICANN. The Uniform Domain Name Dispute Resolution Policy (UDRP) is a policy adopted by ICANN and agreed to by all domain name registrants upon securing domain name registration, which dictates the procedures to be followed for domain name disputes. Domain name disputes are resolved through UDRP arbitration and generally result in quick resolution of domain name ownership disputes.

    Our attorneys are experienced in handling UDRP arbitration for our clients whose marks have been used by cybersquatters or imitators, seeking to profit from our clients’ famous marks and goodwill. We will provide you with all services relating to domain name disputes, as well as all other internet and e-commerce issues. As domain name disputes are often intermingled with trademark issues, our attorneys are also experienced in related trademark issues.

     

     

     


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