Managing and aggressively protecting intellectual property and technology assets is at the center of business today. At Masuda Funai, we work with domestic and international companies of all sizes on the development, protection, sale, transfer and licensing of IP, inventions and information technology, proprietary information and business method processes — across the country and around the world.
Our attorneys identify and protect trade secrets, proprietary processes and practices, patents, trademarks, copyrights and Internet domain assets. We conduct audits of intangible assets, as well as draft and enforce IP rights, trade secrets and privacy policies and procedures. We provide training for management and employees on trade secret protection including confidentiality, non-disclosure, works-for-hire and non-competition issues. In addition, we prosecute trademark applications and execute patent, trademark, trade name, corporate name and registration searches, as well as represent clients before the U.S. Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board (TTAB).
Regarding electronic commerce, we identify and advise on emerging legal issues such as privacy, allocation of territorial rights for cyberspace sales and risk management of tax and legal action in remote jurisdictions. We prepare website terms of use, privacy and security policies and other clickwrap agreements, as well as advise on e-mail practices, metatags, framing, linking, cybersquatting and contracting for web development and hosting services.
We are well-versed in the technologies that support business and drive commerce. Our attorneys negotiate development, integration, implementation and maintenance agreements for ERP, CRM, database, website and other types of information systems for clients that develop and market such technologies or services including hardware, software and consulting. We negotiate and form strategic partnerships and technology joint ventures with particular skill in heavy industry and manufacturing. We also advise on all aspects of investments in technology start-ups, joint ventures, research collaborations and strategic alliances, particularly where the partners are of different nationalities and cultures. In addition, we counsel clients in connection with universities and private research foundations regarding licensing policies, procedures and ownership.
Our litigators vigorously defend each client’s IP and technology rights, from the initial cease and desist phase through and including injunction proceedings, trial, mediation and/or favorable settlement. We resolve disputes involving unfair competition, patent/trademark/copyright infringement, trade dress, trade secret misappropriation, counterfeiting, trademark dilution, domain name and comparative advertising claims. We also prosecute cases against departing employees who improperly use sensitive, hard-earned customer IP and proprietary data, and counterfeiting by unauthorized product sellers.