Intellectual Property

Intellectual Property has become more and more important to businesses.

Lukins & Annis has been a business law firm since its inception in 1972. We represent businesses of all sizes, including sole proprietors, small partnerships, family businesses, mid-sized companies, and some of the largest private employers in the Inland Northwest. We recognize that Intellectual Property has an impact on day-to-day operations of many of our clients’ businesses. Our attorneys are familiar with a wide range of business issues including trademarks, licensing, and more. Our knowledge of intellectual property issues allows our business clients to obtain the vast majority of their legal services from our firm.


What is a Trademark?

A name, symbol, or other device identifying a service of the owner.

Our Trademark Practice includes preparation, filing, and prosecution of applications for State and Federal trademark protection, as well as the conduct of appeals, cancellation and opposition proceedings in Federal Courts and the Trademark Trial and Appeal Board. We can also handle all aspects of trademark infringement disputes, including enforcement, litigation, settlement, and licensing.

Trademarks in the United States can be registered by the U.S. Patent and Trademark Office or State agencies. State registered trademarks are enforceable within the jurisdiction of the issuing state and are subject to the particular state’s trademark laws. Federally registered trademarks are enforceable throughout the United States and are enforced in federal district courts. Federal law also recognizes that the packaging or trade dress of an article can sometimes be distinctive enough to qualify for protection under the trademark laws.

Trademark litigation is usually filed as, or in conjunction with, an unfair competition lawsuit. Unfair competition covers a broad spectrum of legal rights and remedies. The term encompasses deceptive business practices and false advertising, as well as numerous unfair trade practices.

We can assist clients in safeguarding their trademarks and trade names through:

  • Domestic and International Trademark Application Filing, Prosecution, and Registration
  • Trademark Infringement and Unfair Competition Suits
  • Trademark Appeals
  • Trademark Cancellations and Oppositions
  • Management of International Trademark Applications
  • Trademark Licensing and Assignment Preparation, Review, and Due Diligence


What is a Copyright?

The legal rights granted to an author, composer, playwright, or creator of an original work to exclusively copy, publish, produce, sell, and distribute the original work.

The Lukins & Annis Copyright Practice covers all aspects of copyright registration and enforcement. International law provides protection to artists and authors to prevent others from copying their original works set down in a tangible media (written, recorded, carved, painted, etc.). In the United States, for a U.S. citizen to receive damages for copyright infringement, the work must be registered with the Library of Congress Copyright Office.

We recognize that technology has fundamentally altered the historical limits of copyright protection, allowing copyright registration in the areas of software, databases, and websites, as well as in traditional areas such as literature, arts, and music, among others.

Our practice aims at securing the greatest protection for our client’s property, regardless of the medium and form that it takes. We also engage in accelerated applications for special handling when known infringers exist. Representation also includes registration of copyrights for software programs that may be submitted concurrently with patent applications directed to software inventions to provide the greatest breadth of protection.

We can assist clients in safeguarding their original works by:

  • Copyright Registration Filing and Prosecution with the Copyright Office of the U.S. Library of Congress
  • Copyright Infringement Suits
  • Work for Hire Agreements
  • Copyright Assignment Agreements and Review

Trade Secrets

What is a Trade Secret?

A secret, including but not limited to formulas, methods, device, and customer lists that gives one an advantage over competitors.

Our comprehensive Intellectual Property Practice includes counseling in the handling and licensing of trade secrets, as well as lawsuits to protect those secrets when misappropriated. We review trade secret controls to see if there are adequate procedures and agreements in place to maintain trade secret status of proprietary information (such as price lists, supplier lists, customer lists, and technology).

We can assist clients in maintaining their trade secrets through:

    • Nondisclosure Agreements
    • Employee Nondisclosure Obligations
    • Trade Secret Misappropriation Litigation

Intellectual Property Litigation

Our Intellectual Property attorneys work closely with our firm’s litigators who have experience in the following areas:

  • Agriculture: Crop Harvesting, Fertilizers, Plant Patent Issues, Seed Issue
  • Banking: Representation of Creditor’s Rights in Bankruptcy, Foreclosures, Loan Structures
  • Business and Corporate: Commercial Litigation, Corporate Mergers, Governance
  • Construction: Contracts, Liens, Performance Bonds, Arbitration, Litigation
  • Environmental: Air, Chemicals, Mitigation, Water, Wastewater, Superfund Sites
  • Labor and Employment: ADA, Age, Race, Religious, Sex Discrimination, Policies
  • Manufacturing: Product Safety, Processes, Pollution, Software
  • Real Estate: Entity Structuring, Sales/Leasing Agreements, Zoning and Land Use Matters
  • Technology: Computer Hardware and Software
  • Wealth Management: Estate Planning, Gifting, Tax Planning, Probates, Wills & Trusts

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