Kitch - Attorneys & Counselors
Intellectual Property


The Kitch firm’s services reflect the importance of intellectual property, technology assets and the Internet in accessing content, in hosting databases of information including health information and in cloud computing.

Strong intellectual property rights are often the key to the success of a company in today’s competitive business environment.  Companies need to use the Internet to advertise their goods and services and to otherwise assist them in conducting their business operations such selling goods and services online or using cloud computing solutions to host applications or data.  The Kitch firm provides strategic counseling to its clients on creating, protecting, enforcing and earning a return on their investment in their intellectual property and technology assets.  Services in this area focus on trademarks, copyrights, trade secrets, software, information technology and patents.

Trademarks:   As symbols of the goodwill of a company, trademarks are important assets that help a company create a unique identity for the company and distinguish its products and services from those of its competitors.  Our services in this area include:

  • Advising clients on the strategic selection of company names, domain names, trademarks, logos and advertising slogans
  • Conducting clearance searches
  • Filing applications to register trademarks, service marks, and trade dress
  • Obtaining domain name registrations
  • Maintaining trademark registrations and domain name registrations
  • Negotiating and drafting trademark licensing agreements and private labeling agreements
  • Protecting trademarks from misappropriation through trademark monitoring programs and issuing cease and desist demands
  • Resolving domain name disputes
  • Litigating trademark infringement and unfair competition matters 

Copyright:  As authors of original works, copyright holders have the ability to control the use and distribution of their works. Our services in this area include:

  • Advising clients on the creation, ownership and protection of copyrightable works
  • Preparing and prosecuting applications for copyright registration in all types of works including computer programs, web sites, technical manuals, technical drawings, art, architectural drawings, sculpture, photographs, and videos, among others
  • Protecting copyrights in content accessible via the Internet including on social media sites
  • Acquiring and licensing copyrights
  • Negotiating and drafting work for hire agreements, consulting agreements, development agreements, and other copyright-related agreements
  • Issuing cease and desist demands and Digital Millennium Copyright Act takedown notices on behalf of clients
  • Responding to cease and desist demands and Digital Millennium Copyright Act takedown notices
  • Litigating copyright disputes

Patents, Technology and Technology Transfer: New products and processes may be entitled to protection for commercial use through the application and issuance of patents in the United States and abroad. Our services in this area include:

  • Negotiating and preparing licensing agreements for patents, digital content, databases, technical know-how and trade secrets
  • Negotiating and preparing software licensing agreements, software-as-a-service agreements and software development agreements
  • Drafting enforceable click-through agreements
  • Counseling clients on protecting trade secrets
  • Advising clients on protecting mobile applications
  • Advising clients on structuring joint ventures and strategic alliances to jointly develop and commercialize use new technology and negotiating and preparing appropriate agreements to implement such arrangements
  • Negotiating and preparing the purchase and sale of technology companies

Internet and E-Commerce:  Companies that conduct business online face a broad set of issues in an area that is rapidly evolving.  We counsel clients on the issues that arise when they conduct business via the Internet and advise them on entering into arrangements that permit them to conduct business online.  Our services in this area include:

  • Negotiating and preparing application service provider agreements
  • Counseling on the strategic preparation of and negotiation of website development and hosting agreements
  • Drafting effective privacy policies and website terms of service
  • Advertising, marketing and distribution agreements
  • Advising clients on complying with data privacy and data security laws
  • Advising clients on responding to security incidents
  • Resolving domain name and cybersquatting disputes
  • Advising clients on data privacy and security issues

Health Information Technology:  Health information technology is transforming the way in which health information is managed and used in making clinical decisions.  Our services in this area include:

  • Negotiating electronic medical records contracts
  • Advising clients on protecting the privacy and security of health information
  • Investigating and counseling clients on responding to security incidents and compliance with HIPAA breach notification requirement
  • Creating HIPAA privacy and security programs
John Sier
T (313) 965-2915