IP, Internet & Compliance

Intellectual Property

Own it. License it. Enforce it.

For most companies, brand recognition, proprietary content, software, and confidential methods are intangible assets worth more than hard assets on the company's balance sheet. Those intangible assets exist as legal rights, and those rights are only as strong as the steps taken to secure and enforce them. Hank Fasthoff has spent more than 29 years protecting and enforcing intellectual property for companies, creators, and entertainment and online businesses, from the decision of how to protect an asset through the claim that enforces it.

Fasthoff Law Firm handles trademarks, copyrights, trade secrets, trade dress, domain names, and rights of publicity, and coordinates with patent counsel when an invention requires that separate protection. Trademarks protect names, logos, slogans, and other identifiers that tell customers where a product or service comes from. Copyrights attach the moment an original work is fixed in a tangible medium, whether software, music, visual art, or written content, and copyright registration creates presumptions of ownership and entitles copyright owners to statutory damages (depending on various factors) that can make enforcement economically practical. Trade secrets protect information that derives its value from confidentiality, from formulas and manufacturing processes, to customer lists and pricing models, and which may lose that protection the moment reasonable safeguards lapse. Trade dress covers a product's distinctive visual appearance or packaging, and rights of publicity prevent unauthorized commercial use of a person's name, image, likeness, or other personal attributes.

Owning intellectual property rights and being in a position to extract value from them are two different things. Hank applies for and registers trademarks with the USPTO and copyrights with the U.S. Copyright Office, drafts work-for-hire and assignment agreements that establish ownership of works created by employees and contractors, and negotiates licenses that let you monetize assets without surrendering control of them. When a transaction depends on intellectual property rights, he confirms what the seller owns and whether any encumbrances may limit the rights being transferred. When someone copies, dilutes, or misappropriates a protected asset, he enforces your rights through cease and desist letters, DMCA takedowns, UDRP domain name proceedings, TTAB cancellation and opposition actions, and litigation.

Hank has represented recording artists, music publishers, entertainment companies, consumer brands, and individual creators in intellectual property disputes ranging from copyright infringement and trademark cancellation to trade dress and right of publicity claims, so you get IP counsel grounded in how these rights perform when they're contested. On every engagement Hank works toward the same result, intellectual property you can own with confidence, monetize while minimizing risk, and defend when your rights are challenged.

Services Include

  • Trademark evaluation and availability analysis
  • Trademark applications and prosecution
  • Copyright matters before the U.S. Copyright Office
  • IP licenses and assignments
  • Software and content ownership issues
  • Domain name disputes
  • Trade secret and confidentiality issues
  • IP litigation strategy

Intellectual Property Insights

Trademarks

What a Trademark Is and the Rights Federal Registration Provides

A trademark is any word, phrase, symbol, design, or combination of these that identifies the source of goods or services and distinguishes them from those offered by others. The name on the label, the logo on the packaging, the slogan in the advertising, and even the distinctive shape of a product or its packaging can all function as trademarks if consumers associate them with a particular source.

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Why Some Trademarks Are Stronger Than Others

Trademark strength depends on both inherent distinctiveness and marketplace recognition. Fanciful, arbitrary, and suggestive marks begin with an advantage, while descriptive terms require acquired distinctiveness and generic terms can't function as trademarks for the relevant goods or services.

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Why a Trademark Clearance Search Comes Before Everything Else

A trademark clearance search evaluates whether a proposed mark conflicts with earlier rights before a business commits money to the name. The review should cover federal records, state records, domain records, and unregistered uses that a USPTO search won't reveal.

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How Federal Trademark Registration Works at the USPTO

Federal trademark registration proceeds through filing, examination, publication, and either registration or a notice of allowance. Applicants must select the filing basis, identify the goods and services, submit any required specimen, meet response deadlines, and maintain the registration after issuance.

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Common Trademark Mistakes That Cost Businesses Time and Money

Trademark errors often begin before filing and may affect whether a business can use, register, and enforce its mark. A sound process addresses distinctiveness, clearance, filing basis, specimens, deadlines, consistent use, monitoring, and maintenance.

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TTAB Proceedings and How They Differ from Federal Court

The Trademark Trial and Appeal Board decides whether a party may obtain or retain a federal trademark registration. Opposition and cancellation proceedings resemble civil litigation, but the Board can't decide infringement, award damages, or prohibit trademark use.

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Enforcing Your Trademark Rights

A federal trademark registration provides nationwide constructive notice, evidentiary presumptions, and several enforcement tools. The owner remains responsible for finding unauthorized uses, assessing whether they threaten the registered rights, and selecting a response suited to the conduct.

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Trademark Protection for Buildings and Store Designs

A building exterior, interior, or store layout may function as protectable trade dress when consumers perceive it as identifying a source. Protection depends on source identifying use, distinctiveness, nonfunctionality, and likely confusion rather than architectural originality alone.

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Trademark Licensing and Quality Control

A trademark license authorizes another business to use a mark within agreed limits. Quality control, enforcement rights, royalty terms, and termination provisions determine how the parties manage that permission and protect the brand.

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Copyrights

Copyright Duration and the Public Domain

Copyright expires. Every copyrighted work eventually enters the public domain, where anyone can use it without permission, a license, or royalty payments. The expiration date depends on when the work was created, whether and when it was published, who authored it, and whether the owner satisfied the formalities that prior copyright law required.

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Copyright Assignments and Transfers

Copyright is a bundle of exclusive rights. Reproduction, distribution, public performance, public display, and the right to create derivative works are all separate sticks in the bundle, and each can be transferred, licensed, or retained independently.

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Copyright Registration and Why Timing Determines What You Can Recover

Copyright exists upon fixation, but a United States work ordinarily requires registration or refusal before an infringement suit. Registration timing also determines whether statutory damages and attorney's fees are available.

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Copyright Ownership and the Work-for-Hire Doctrine

Copyright belongs to the person who creates the work. 17 U.S.C. § 201(a). That default rule governs every photograph, every line of code, every design, and every written document produced by anyone, anywhere, unless an exception applies. For businesses, the most important exception is the work-for-hire doctrine, which vests copyright in the employer or commissioning party rather than in the individual who created the work.

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Proving Copyright Infringement

A copyright infringement claim requires proof of two things. First, the plaintiff must own a valid copyright in the work. Second, the defendant must have copied protectable elements of that work. Both elements must be established before a court reaches the question of remedies, and both involve layers of analysis that determine whether a claim survives a motion to dismiss, survives summary judgment, and ultimately prevails at trial.

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Fair Use, the Four Factors, and When It Doesn't Protect You

Fair use is the most commonly invoked and most commonly misunderstood defense in copyright law. Under 17 U.S.C. § 107, the fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not infringement.

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DMCA Takedown Notices

Section 512 provides conditional liability protection to online service providers that follow the DMCA notice and counter notification process. A compliant notice may result in removal without a court ruling, while a counter notification begins the 10 to 14 business day restoration period.

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Copyright Licensing

A copyright owner may exploit a work directly or license specified rights to others. The license terms determine who may use the work, for what purposes, and for how long.

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Copyright Termination Rights Under Section 203

An author who assigns a copyright or grants an exclusive license often does so early in the work's life, before the work's value is known. A songwriter signs a publishing deal for a modest advance. A novelist assigns all rights to a publisher for a royalty that seems reasonable at the time.

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Music Copyright, Sampling, and Licensing

Recorded music commonly involves two distinct works, the musical composition and the sound recording. Each has its own authors, owners, exclusive rights, and licensing requirements.

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Artificial Intelligence and Copyright

Copyright protects qualifying human contributions to works made with artificial intelligence. Separate questions govern whether copying works for AI training or publishing model outputs infringes existing rights.

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Copyright Protection for Architectural Plans and Buildings

An architectural project may involve separate copyrights in its technical drawings and its building design. Ownership, contractual permission, protectable design elements, registration, and the statutory rules for photographs and alterations determine the rights in each work.

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