Aaron | Sanders PLLC is an intellectual property and technology law firm focusing on trademarks, copyrights, privacy, internet, and solving business disputes.
Why Choose Aaron | Sanders?
Aaron | Sanders PLLC is an intellectual property law firm focusing on trademarks, copyrights and privacy, helping clients comply with the law, license their intellectual property assets, and resolve their business disputes through settlement, litigation, or alternative dispute resolution. Launched in 2011, the firm is built on the experience its lawyers gained in their former “big firm” lives; Aaron | Sanders is the result of its founders’ idea that businesses of all sizes deserve sophisticated legal representation that they can afford: “big firm” work for a “small firm” price. That’s our value proposition. We represent technology companies and start-ups in their licensing matters and business disputes, and companies in every imaginable field of business and all over the world in protecting their trademark and copyright assets and helping them develop a plan for compliance with the explosion of new privacy laws and regulations. We are a sophisticated law firm with a global outlook, while loving and supporting our local community in Nashville. That’s what sets us apart.
Software and Technology Licensing
Technology and software licensing involves a contractual arrangement in which a licensor’s patents, trademarks, copyrights, service marks, trade secrets, or other forms of intellectual property are given to a licensee for use. Compensation for access to this property is negotiated in advance between the parties. Payment can be in the form of a lump-sum royalty or a running royalty, based on the volume of production. Some agreements call for a combination of both payments. U.S.-based companies will commonly license their technology to companies in other countries who manufacture and sell products internationally. Always seek legal advice from a software license attorney in Nashville, TN to determine your company’s licensing needs.
Using a technology licensing agreement will usually allow your company to enter a foreign market quickly. It also poses fewer financial and legal risks to you than owning and operating an entire foreign manufacturing facility or participating in a full overseas joint venture. Licensing is also a common way for U.S. companies to overcome barriers that have the potential to hamper the export of products. For these reasons, licensing can be a wise option for small companies or companies without international trade experience. Technology licensing can also be used to acquire foreign technology using cross-licensing agreements or grant-back clauses, which award rights to improved technology that is developed by a licensee. Disputes over licensing in Nashville, TN should promptly be handle by a skilled software litigation attorney.
Trademark Prosecution and Brand Protection
The trademark prosecution process begins when an application for a service mark or a trademark registration is filed with the USPTO. There are two main types of trademark applications: a use-based application and an intent- to-use application. In order to file a use-based application, the trademark or service mark has to be used in commerce at the time of the application being filed. Being used in commerce has a very specific legal definition, which is derived from the Trademark Act and all its related case law. It is important to work with your trademark lawyer to determine which type of application should be filed, because filing the wrong application type could cause serious issues for the trademark owner in the future. In fact, a registered trademark or service mark can be canceled through litigation if an incorrect application was filed. An experienced Nashville, TN trademark prosecution attorney should be consulted before submitting any application.
“Aaron Sanders Law has provided our non-profit organization with IP advice since 2014. In particular, they helped us navigate agreements with 2 trillion dollar multi-national corporations. They do wonderful work, are able to communicate and clarify complex material, and are at all times professional!”
Copyright Registration and Licensing
Copyright law gives authors of original works that are tangibly fixed in a medium certain rights. These rights include six economic rights: reproduction, distribution, preparation of derivative works, public display, public performance, and digitally transmitting sound recordings. If the work is a work of fine art, the author also holds moral rights.
If any of these rights are infringed upon, the holder of the rights is permitted to bring a copyright lawsuit to enforce their rights. A musician could sue a film studio that used his song as part of the soundtrack of a movie without permission. A painter could sue another artist who built onto his existing work on the basis that this new work is actually a derivative work.
Under what is known as the first sale doctrine, any individual who purchases a copy of an original work can dispose of that particular copy by selling it to another person or displaying it, without violating the exclusive rights of the copyright owner. However, this doctrine does not protect an individual who makes unauthorized copies of the work and distributes them, unless those copies are considered to be under fair use. A book reviewer may quote from a book in order to analyze it and a magazine can make copies of that review, under the fair use doctrine. However, a private individual who makes photocopies of a whole book that he purchased, and then repackages and sells those copies, is infringing upon the author’s copyright. Copyright matters can become rather complex and require the expertise of a copyright registration and licensing attorney in Nashville, TN.
Internet law is the sphere of laws and regulations covering how legal principles and legislation govern the use of the internet. Internet law is also known as cyber law. Unlike most other areas of the law, cyber law can’t be narrowed down to only one specific field of practice. It applies principles from several legal fields that long predate the internet.
Cyber law governs the following legal scenarios:
- The creation of websites
- Internet service providers
- How trademarks are used online
- Conflicts over domain names
- How to link web pages
Privacy Law and protection
Privacy laws are byproducts of the Fair Information Practice guidelines, developed by the U.S. Department for Health, Education, and Welfare. The universal principles for the privacy and protection of consumer and citizen data are proposed to be:
- For all data collected, there must be a stated purpose.
- Information collected from a person cannot be disclosed to other organizations or other individuals, unless specifically authorized by law or by permission of the person.
- Records kept on individuals must be accurate and updated
- There must be mechanisms for individuals to review the data kept about them for accuracy.
- Data should be deleted as soon as it is no longer needed for the stated purpose
- Transmission of an individual’s personal information to a location where data protection cannot be assured is not permitted.
- Some types of data are too sensitive to be collected.
Privacy law issues of are the utmost importance, both to those whose data may be compromised and to businesses who face penalties for non-compliance. The guidance of a privacy law and protection attorney in well worth the investment in Nashville, TN.
Whether an intellectual property dispute arises over a patent, a trademark, a copyright, or software and technology licensing, it can quickly proceed to lengthy and expensive litigation. It is always in your best interest to seek out an established litigation attorney in Nashville, TN to attempt to negotiate a solution with the other side before entering a court of law.
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605 Berry Road
Nashville, TN 37204