Intellectual Property Law

At Branfman Mayfield Bustarde Reichenthal LLP our attorneys have been filing, prosecuting and obtaining copyright applications and registrations for over 40 years. We also help our clients by drafting appropriate contracts to protect their copyrights and we enforce our client’s copyrights drafting demand and cease and desist letters.

A copyright is the legal right to control the duplication, display, performance, and adaptation of an “original work of authorship” such as a song, book, screenplay, poster, t-shirt design, work of art or computer program. The copyright comes into existence at the time of creation, but it must be registered with the U.S. Copyright Office in Washington, D.C. before you can sue an infringer.

However, copyright law does not protect titles of songs or films or books, short phrases, ideas or concepts. Copyright law DOES protect your way of expressing your concept, i.e., the way you write your music, words or express yourself on canvas.

The law pertaining to copyrights in the United States traditionally required all publicly distributed copies of a work to include a copyright notice in order to avoid the loss of copyright protection by injection into the public domain. The law on this changed several years ago, but it is easier and better, in the long run, to use the proper notice format from the beginning.

The proper notice consists of three elements:

1. The word “copyright” or the © symbol;
2. The year of first publication; and
3. The name of the owner of the copyright. For example: © 2015 David P. Branfman

No advance permission from the U.S. Copyright Office is required before using a copyright notice. But it is the owner’s responsibility to ensure that the notice is placed on the work.

The owner of the copyright is not necessarily the author of the work. For example, the owner of the copyright may be the person to whom the author has assigned the copyright (e.g., a publishing company) or the owner may be the author’s employer if the work is a “work for hire”.

Registering the copyright is the next step. Copyrights are registered with the U.S. Copyright Office in Washington, D.C. In many jurisdictions, registration of the copyright is required before one can file suit for copyright infringement. Registration should, therefore, be accomplished at the earliest possible date. Sending yourself a copy of your work in the mail does not have any legal effect; nor does submitting your work to a third party such as The Writer’s Guild.

Branfman Mayfield Bustarde Reichenthal LLP specializes in representing individual authors throughout the entire book writing and publishing process. Branfman Mayfield Bustarde Reichenthal LLP recognizes that every author comes from a different background and faces unique challenges. We take satisfaction in giving every author peace of mind when it comes to the legal aspect of book publishing.

Branfman Mayfield Bustarde Reichenthal LLP represents authors of all genres, including romance, science fiction, non-fiction, fiction, business advice, and many others. We apply the same amount of care, pride, and attention to detail in representing our clients that our authors pour into their works.

The book publishing services is provided by Mark Reichenthal. Mark Reichenthal has an extensive background in book publishing, obtaining a Masters of Science in Book/Magazine Publishing from Pace University in New York. He went on to work for Simon & Shuster, Inc. as a contracts analyst, and then at HarperCollins Publishers, LLC as a contracts manager. After obtaining his law degree, he worked at Wiley Publishing, Inc. for four years. Wiley Publishing is best known for its “For Dummies” series, as well as Cliffs Notes.

At Branfman Mayfield Bustarde Reichenthal LLP, we are proud to offer the following services:

• Copyright applications and registrations
• Copyright infringement
• Reviewing book publishing agreements
• Drafting book publishing agreements
• Negotiating book publishing agreements
• Negotiating merchandising deals
• Reviewing literary agent contracts
• Drafting literary agent contracts
• Illustrator agreements
• Licensing agreements

Trademarks play a crucial role in the motorsports and aftermarket automotive product industries, extending far beyond simply identifying a brand. They are integral to brand building, revenue generation, and safeguarding intellectual property. Here’s a breakdown of how trademarks impact the world of motorsports and aftermarket automotive product industries:

1. Protecting Iconic Brands and Designs

• Teams and manufacturers: Motorsports and aftermarket automotive product organizations invest heavily in developing unique brand identities, including names, logos, slogans, parts design, and even car designs. These elements, once registered, become protected assets and can be listed as Goodwill on your balance sheet.
• Preventing counterfeiting and infringement: Trademarks help combat the unauthorized use of names, logos, and designs on counterfeit merchandise and products, safeguarding brand value and revenue.

2. Sponsorship and Licensing: Fueling the Industry

• Sponsorship deals: Motorsports and aftermarket automotive products manufacturers rely heavily on sponsorship, where companies pay to have their trademarks displayed on cars, team uniforms, and other assets. This provides sponsors with global exposure and generates significant revenue for teams and events.
• Legal agreements: Teams, drivers and aftermarket automotive product companies license their trademarks to create a vast array of merchandise, from apparel to accessories, expanding brand reach and generating additional income. Trademark Licenses allow a brand to further leverage the value of its brand and teams and produce a revenue source.

3. Beyond Traditional Trademarks

• Celebrity trademarks: Even athletes in motorsports can register nicknames, poses, slogans, and other insignia as trademarks, recognizing the commercial value of their personal brands.
• Design patents: Beyond trademarks, companies in motorsports and aftermarket automotive products can also use design patents to protect the aesthetic appearance of their products, such as car bodies and components.

4. Addressing Challenges

• Global reach: Motorsports and the aftermarket automotive product industries are global, requiring brands to register their trademarks in multiple countries for comprehensive protection.
• Maintaining brand value: Brands must carefully manage licensing partnerships to ensure products align with brand values and do not dilute brand equity.
• Adapting to new technologies: The evolving landscape of digital platforms and new technologies requires continuous innovation in trademark management and protection.

In essence, trademarks are more than just legal protections; they are powerful tools for building brands, generating revenue, and securing the intellectual property that drives this high-speed, high-stakes industries.

Branfman Mayfield Bustarde Reichenthal LLP | Motorsports and Aftermarket Products Attorney

The most frustrating aspect of a motorsport or aftermarket automotive product companies when dealing with their attorneys is the fact that in most cases, their attorney does not understand the difference between a flat 6 and V6 let alone the difference between electronic fuel injection or direct port injection, or even better, flashing memory through the OBDII port. The most shameful part is that aftermarket products for automobiles are one of the hottest commodities out there. The SEMA attendance numbers prove this point!

Mark I. Reichenthal is the partner in our firm who is experienced in these industries. He has represented racers, various sanctioning bodies, land speed timing bodies, parts manufacturers, wheel manufacturers, and detail products manufacturers. He follows the industry as an enthusiast, but more importantly, he maintains the necessary knowledge to assist racers, aftermarket parts manufacturers and motor sports companies with their contract preparation/negotiations, sponsorship deals, endorsement deals and intellectual property protection. He also knows the vocabulary to understand the various components of a car.

A real car person knows you cannot simply add up the horsepower and torque yields from each installed part to come up with the total power your car will gain, but rather it’s the proper combination of parts that work collectively to ensure that your car has the appropriate gains through the correct combination of these parts. The same goes for attorneys, yes, your attorney may know contract law, and may know IP, but is he or she a real car person?

Contact us now and speak with Mark I. Reichenthal, Partner, and true enthusiast of all forms of motorsports, aftermarket products, and car culture. He currently drives a 2015 Dodge Challenger RT Plus and a 1978 Chevrolet K5 Blazer with tons of modifications. It’s a beast.

Contact us today. (P): 858-793-8090, (F): 858-793-8099, (E): [email protected]