FGD Law helps innovative business leaders protect and leverage their intangible assets in commerce with a range of options that best suit their current stage along the developmental journey. Such assets may include:
A business or brand name
Business processes or methodologies
With our deep history and resources in accounting and financing, we can help you determine the types of intellectual property your business creates, owns and utilizes – and then identify revenue streams that entail strategically licensing that IP and your portfolio both domestically and abroad.
There are a number of IP protection management options to consider:
At the launch of a new business, due diligence is required to take into account the name you want to do business under and the appropriate jurisdiction and field in which you want to operate – including on a federal level. FGD Law can guide you through various branding strategies, such as minimizing your exposure to infringements and attaining the scope of appropriate trademark protection. We offer a flat-fee option for trademark work that includes preparing and prosecuting an application with the U.S. Patent and Trademark Office. Our team is also highly experienced in sound trademark defense and prosecution.
Trade Secret Protection
Some businesses have particular practices that are unique but not necessarily (affordably) protectable. These may be trade secrets. This type of information is only protectable as long as it remains a secret and must have value based on its secrecy and any reasonable efforts to maintain that secrecy. FGD Law can help you consider appropriate best practices for trade secret protection as well as for protecting your company assets and proprietary intelligence.
Creators and authors benefit from understanding how copyright law affects their ownership and rights regarding their works. For business owners, it helps when hiring independent contractors to design or contribute works (such as logos, software code, etc.). Understanding what rights are granted to the author of a copyrighted work, the benefits of registration, and how doctrines like “fair use” and “work for hire” impact the ability and intentions to use or leverage a work in commerce is pivotal. The FGD team counsels all parties involved in such rights – from creators, licensors and licensees to those wishing to acquire ownership rights in works they have “commissioned.”
Intellectual Property Licensing
In all cases, licensing out your IP that may be in your technology and that is protected by a patent – or other similar strategies – may provide you with needed cash for new initiatives. In addition, licensing IP from another entity may increase the value of a company and its overall assets.
Ideas and some other intangible assets are not generally protected under state and federal laws. FGD Law provides guidance on the utilization of contracts in this case, such as Assignment of Invention, Non-Disclosure Agreements and Confidentiality Agreements. These documents protect ideas and assets that you may share with third parties in pitches, employment relationships or transactions.
Fostering the Creative Sector Economy
FGD Law supports the legal needs of innovators who operate in the creative economy – offering entertainment law, fashion law and technology protection services.
We help fashion and jewelry designers protect their works, understand copyright and trademark laws, and manage their businesses throughout their developmental journey. Our team also works with authors, musicians, television-movie producers, and artists to draft and negotiate workable contracts that protect their interests while conducting business.
How May We Help? NextStep@fgd-law.com
Inventing a product or developing a breakthrough technology is risky business. The sacrifice and commitment to bringing an innovation to life is significant. If you are successful, the rewards are great and can be limitless.
FGD Law was founded nearly a decade ago out of a deep affinity for those who dare to make a real contribution to a vision of the future. With many of our team members having long involvement in private equity, venture funding and other start-up circles, we understand at gut level what is required to invent, scale, grow, compete and exit.
Most new companies starting out have little to leverage and no bargaining power. It is critical that the leadership remain vigilant about protecting the bottom line. For innovators, that starts and ends with their intellectual property.
This is where FGD Law makes all the difference for early stage and growth companies.
FGD Law recognizes the criticality of all your business assets. We develop protection management strategies to ensure that the value of all your assets grows proportionately with the scaling of your enterprise.
With our own network of venture firms and other sources of capital as well as partnerships with patent specialists, valuation and accounting experts, we guide you to the best options for securing, protecting and maturing your assets throughout the developmental journey.
Addressing Key Issues Head On
Many early stage or even mature innovation companies outsource various aspects of their IP development. What many business leaders fail to do however is properly scrutinize that resource and diligently manage the contractual agreements.
If all of the potential variables or contingencies are not accounted for in solid agreements from the onset, unanticipated issues could trigger costly litigation as the result of a resource failing to meet expectations.
Too often, clients can fail to patent their processes and formulas, holding them only by trade secret. FGD team members are masters of trade secret licensing and protection – especially regarding software and general IT, copyright and patent issues. We understand the technical nuances at the intersection of your underlying assets and your growth imperatives.
As your committed advocate, we immerse ourselves in your business, provide reliable decision support that’s grounded in analysis and proper documentation, and help you anticipate all of the issues that may arise so you are prepared for any uncertainties.
Early Stage and Growth Companies: What We Offer
With the initiation of a new business, FGD Law can guide you through the important early steps of whether to run and structure it as a sole proprietorship, partnership, limited liability or corporation and then determine the appropriate jurisdiction. Our team can also help you navigate the most viable options for your situation regarding attracting investors and planning for future funding as your grow. We also counsel and support non-profits in seeking an IRC 501(c)3 determination letter.
The FGD team offers new business owners extensive experience in the range of complex structures, processes and compliance requirements for effective governance. Our collaborative approach can meet your needs as a fully outsourced provider or an internal of-counsel resource – from employment issues, board of director obligations and shareholder voting rights to taxation of income, and day-to-day operations.
Contracting should never be executed without the assurance of reliable legal counsel. Our team supports the full range of transactions likely to occur during the developmental journey – from licensing, manufacturing, distribution and sales agreements to vendor relationships, leasing or real estate acquisitions.
FGD Law is particularly experienced in the range of tax matters that both individuals and businesses encounter – especially transaction structures and their correlating tax consequences. We are experts at preparing and understanding complex tax returns, managing audits, and providing effective representation in federal or state administrative hearings and court proceedings.
Financing Guidance – including Venture Capital and Secondary Offerings
How May We Help? NextStep@fgd-law.com