Intellectual Property Services
Straightforward trademark, copyright, and business help for the people and companies who make original things.
Most of my clients aren’t fluent in IP law, and they shouldn't have to be. You tell me what you've built and what you're worried about. I tell you, in plain terms, what's worth protecting and how we get there. Here's the work I do most.
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Your name and logo are how customers find you again. A trademark is how you keep them yours.
I handle the whole path: a clearance search to find out whether a name is safe to use, guidance on choosing a mark that's strong enough to protect, the federal application itself, and any back-and-forth with the USPTO along the way. I've prosecuted more than 500 trademark applications and dealt with the Trademark Office at every level, so if a refusal or an office action shows up, it isn't my first time answering one.
This is where a lot of breweries, studios, and product companies start, usually right before a launch or a rebrand. Earlier is better. It's a lot cheaper to clear a name now than to change it after you've printed the cans.
Common projects: brand name clearance, logo and tagline registration, trademark portfolios, office action responses, renewals.
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If you made something original, a game, a piece of art, a photo, a written work, you own the copyright the moment it exists. But registering it is what gives you real teeth—the ability to sue and to recover meaningful damages if someone copies you.
I make registration painless and make sure it's done right, so the protection is there before you need it instead of scrambling after a problem.
Common projects: game and software copyrights, artwork and photography, written works, registration strategy for a body of work.
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Need infringing online content taken down? I’ve handled hundreds of DMCA takedowns on most of the popular platforms such as the App Store, Play Store, Instagram, TikTok, and more. Received a takedown notice for content that isn’t infringing or is protected by fair use? I regularly works with content creators to file DMCA counter-notices that protect their content from removal and avoid infringement litigation.
Common projects: Filing takedowns for clone video games and copied songs.
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Sometimes a cease-and-desist letter is a necessity to protect your IP and your business. I won’t rush in guns blazing. I’ll assess the situation carefully and listen to you, then craft a letter that fits the circumstances—and which won’t embarrass the client if it’s made public. I have successfully handled cease-and-desist situations with some of the country’s largest companies and with small mom-and-pop businesses.
Common projects: Sent cease-and-desist letters to users of similar trademark to skincare business client securing changes of confusing business names. Sent cease-and-desist letter to large outdoor retailer who agreed to stop using confusingly similar mark for apparel industry client.
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Sometimes litigation is necessary to protect your creations, or you are facing a lawsuit alleging infringement. I have litigated IP cases for over 17 years. From patent infringement and trademark disputes to copyright litigation and trade secret misappropriation cases, I can provide comprehensive analysis and strategic planning to support clients at every stage of litigation—pleadings, discovery, motions practice, trial, and appeal.
Litigation example: Jason Scott Collection v. Trendily Furniture - Litigated case from inception for plaintiff furniture designer. Won copyright claims at summary judgment; won trade dress claims at trial; secured affirmance after oral argument in the Ninth Circuit Court of Appeals and a six-figure damages award plus attorneys’ fees payment.
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I have successfully briefed and argued appeals in IP cases before the Ninth Circuit and Federal Circuit Courts of Appeals. If you need support on an appeal, I can help.
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I can help you manage your IP portfolio effectively. That can include auditing IP to assess the value and strength of existing IP assets, providing strategic advice on portfolio expansion or divestiture, and counseling on licensing or technology transfer agreements to monetize IP rights.
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With a keen understanding of the complexities surrounding IP rights, I assist clients in crafting tailored license agreements that protect their valuable intellectual assets while fostering mutually beneficial partnerships. Whether you're licensing patents, trademarks, copyrights, or trade secrets, I’ll work diligently to safeguard your interests and maximize the value of your IP portfolio.
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I advise businesses on safeguarding valuable trade secrets, such as formulas, manufacturing processes, customer lists, and business strategies. I’ll help establish policies and contracts to maintain confidentiality, provide guidance on non-disclosure agreements, and advise in situations involving trade secret misappropriation or breaches.
Who I work with
I focus on creative and consumer businesses, because that's the work I love and know best:
Breweries and beverage brands
Product designers and CPG companies
Artists, photographers, and independent makers
Video and tabletop game developers and publishers
If you're not sure whether your situation fits, ask. A short conversation usually sorts it out.
Let's talk about your work
Tell me what you've built and what's keeping you up at night about it. First conversation's on me.
Dietrich IP, PLLC, Flagstaff, Arizona
(520) 404-1713 · tom@dietrichip.com