Industries Served

Areas where we can advise you include:

Technology/Software/Hardware

We can protect your technological innovations from being copied by your competitors. For example, we can help you get a patent on your idea, i.e. an invention you have, getting a design patent, getting a patent for an app,  and get a provisional patent application and  filing date.  Often investors like to see that a company is protecting its intellectual property. For the typical software company, we file patent applications at the United States Patent and Trademark Office on the innovative processes and systems.    We have helped our clients get a patent over computer related inventions.  What is often overlooked is filing copyright registrations on the code, so that you can then sue for copyright infringement.  We have also helped get design patents on the user interface appearance and helped getting a registered trademark and getting a logo trademarked on the branded product.   We have brought patent infringement lawsuits  and copyright infringement lawsuits for companies against their copying competitors. One example was Bytemark v. Globe Sherpa EDVA  2:13 CV 700, where we obtained a favorable settlement terms for a company in the mobile ticketing business.  We also have defended technology companies from patent lawsuits—including international patent suits. Yangaroo v. Destiny, 720 F. Supp. 2d 1034 (E.D. Wi. 2010), aff’d 412 Fed. Appx. 305 (Fed. Cir. 2011)

Click here to see a list of Patents we have procured around the world.

Click here to see a list of IP litigations we have handled.

Purchasing IT Software and Services

Our technical experience gets you the best drafted agreements, because we understand the technology itself.  It is also important for a company to have well-drafted non-disclosure agreements, patent licensing agreements for licensing patented technology or licensing a patented product, software licenses and code development agreements. When these agreements are sloppy or not well thought out, you run the risk of a dispute becoming lawsuit, or discovering your company doesn’t really own what it thinks it owns.  We have negotiated complex software licenses, both into a company and out of the company, and we have negotiated software development transactions on both sides of the deal.  In the world of IT procurement, we have negotiated deals with the largest software houses, including Oracle, SAP and Microsoft. If you are building your company on top of an intellectual property license, you want that license to be complete, well-defined and designed to anticipate and address the possible future outcomes.

e-Commerce

We can help you mitigate the risks of legal action being taken against your website or SAAS business.  As technology transactions attorneys, we draft user agreements that can cap your potential liability to your customers or vendors.   For SAAS businesses, proper risk allocation for data loss, malware and hacking is essential.  We also negotiate licenses of software and data feeds and aid in patent licensing strategy.  When a website is created, there is intellectual property, typically copyrights, that are created. We negotiate development agreements so that the website owns the intellectual property that makes up the scripts, HTML, video, images, audio and other text items embedded in the website.  The website operator also has to be careful about user-uploaded content that may belong to a third party.  See below regarding work we do with Digital Media businesses.  We also assist you in preparing an effective privacy policy governing use of customer data. We have also advised companies on PCI/DSS, HIPAA and other data security issues.  We have also protected websites from copying by bringing suit, including Shopkeep.com v. Payvida, SDNY 15 CV 00172.

Fashion, Apparel and Consumer Products

We can clear and protect your brand around the world so that you can get a registered trademark.  Getting a trademark that is valid and protectable is a crucial early step in starting a branded business.  We can also protect your product designs by getting a patent on your designs.  We developed the Rag & Bone trademark registration portfolio.  We settled the case Burberry v. Levy Group where Burberry alleged that Levy Group improperly used a plaid pattern that Burberry claimed was their trademark. Burberry v. JC Penney & Levy Group SDNY, 16-CV-00982.  We obtained a patent over Tommy John Menswear’s innovative “stay-tucked” undershirt.   In the consumer product field, we have obtained a series of design patents to protect the design of the Star Spangled Spatula®.   We can help you decide on a brand name, help with how to get a trademark  that is registered and/or how to get a trademark logo registered  in the U.S. and foreign countries.  We conduct brand search and clearances for many brands in the industry in order that you avoid getting sued by a senior brand owner.   We also clear fabric patterns, many of which are subject to copyright and trademark registrations. We have also obtained trademark protection for certain kinds of fashion design features. We have addressed complex intellectual property issues involving toy designs and cutlery designs.

Click here to see a list of Trademarks we have procured around the world.

Digital Media

We can obtain the appropriate rights and rates for the particular way your business uses of music and audio-visual works on your website or other distribution channel.  We provide advice regarding your reliance on the complex “safe harbor” rules under the U.S. Copyright Act.   We can confirm that your content providers have the appropriate rights they are granting to you.   Sabety +associates, PLLC has been at the forefront of digital distribution of copyrighted works. Ted Sabety worked on the earliest sound recording licenses for internet distribution for EMI Recorded Music.  His work includes litigating the copyright lawsuits Napster, Grokster and MP3.com cases, which were the first music downloading copyright infringement lawsuits.  He has advised the Harry Fox Agency, ASCAP  and the Songwriters Guild of America (SGA) on digital distribution issues for PA copyrights.  He has advised the record industry on issues surrounding patent rights in digital media data compression CODECS. He has also advised on acquisitions of music catalog for digital distribution.

Click here to see a list of Copyrights we have procured.

Finance and Investing

We can conduct corporate due diligence of intellectual property and negotiate the intellectual property terms and conditions in M&A and investment contracts.   We can investigate whether a company’s technology infringes a patent.  We have issued several opinion letters in connection with closing financings. An investment in a technology company is not completely vetted unless the intellectual property that the company relies on has been examined.  Investors need to look at the intellectual property that a potential investment vehicle relies on.  That involves due diligence review of in-bound licenses to intellectual property, like software, trademarks and patent licensing as well as the out-going customer agreements that license usage. We have conducted patent validity and enforceability studies for corporate due diligence.  In addition, we have checked the registration status and clearance of a company’s brand, patents and copyrights as well as ownership status of the intellectual property developed by or for the company.