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Intellectual Property Advisory

Wilk Auslander’s intellectual property advisory work comprises three main categories:

  • Negotiating, drafting, and executing purchase and sale agreements as well as other publishing-related agreements for book and magazine publishers, and vetting manuscripts prior to publication
  • Handling author contracts, work-for-hire and collaboration agreements, and providing copyright advice
  • Representing clients in trademark and domain name licensing, transfers, registration, clearance, and portfolio management

We are particularly well-known for representing book and magazine publishers as well as authors in publishing, collaboration, licensing, and related agreements, pre-publication manuscript vettings, trademark and copyright registrations, and resolving domain name disputes. We represent publishers and authors on the full range of development, rights licenses, license transfers and work-for-hire contracts, and advise clients on strategies for achieving maximum copyright protection. Notably, we have prepared more than 200 author, illustrator, work-for-hire, collaboration, and related agreements over the course of the past ten years, many of which have involved books that became best sellers.

Our attorneys have extensive experience in helping clients protect their intellectual property through trademarks and copyrights. We take a 360° approach to trademark advice: we help our clients select, use and protect their marks in effective, sensible ways, both in the U.S. and abroad. Our attorneys are skilled in negotiating licenses for trademarks and software, and we regularly assist clients in selling, purchasing, securitizing, and financing trademarks, copyrights, and related assets.

We have also advised clients on strategies for achieving maximum copyright protection, including representing clients in protecting their IP assets during disputes.

  • Advising, negotiating and preparing numerous author, illustrator, work-for-hire, collaboration, and related agreements for bestseller books.
  • Advising, negotiating, and preparing agreements for the publication of a biography of a mid-20th century broadcast journalism pioneer. On behalf of the family of the late journalist, we assembled a team that produced the biography, including finding a professor of journalism to write the book and a well-known literary agent to present the book to publishers. We also negotiated and prepared the writer’s agreement with the  author to prepare the manuscript, which was published in 2017.
  • Representing professional athletes and entertainers in negotiating endorsement contracts as well as sponsorship and licensing agreements and handling trademark registrations and prosecutions.
  • Advising, negotiating, and preparing agreements for the purchase and sale of domain names, including domain name transfer agreements in connection with resolving domain name disputes.
  • Successfully providing strategy and advice on U.S. trademark opposition to a specialty food distributor seeking to protect its U.S. trademark and registering its trademarks in multiple countries.
  • Preparing a sponsorship agreement for a consumer electronics company client engaging a well-known celebrity saxophonist.
  • Preparing and negotiating a license agreement for a client/licensor’s most valuable trademark to be used by a third-party carpet manufacturer.
  • Securitizing a copyrighted music portfolio, enabling a musician to obtain funding for a personal project.
  • Handling worldwide trademark registrations and portfolio management for a high-end textile manufacturer to provide coordinated protection and avoid third-party infringements.