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Paul Ticen is a trademark, licensing and business lawyer in Chandler, Arizona.  He is currently licensed in Arizona federal and state courts, however, Paul’s clients not only include Arizona businesses, but he also represents and advises businesses and individuals located across the country on federal trademark and copyright issues.  A snapshot of Paul Ticen’s legal services include:

  • Trademark and Copyright registration, appeals and opposition/cancellation proceedings
  • Preparing, analysis and negotiation of licensing agreements and other contracts
  • Prosecute and defend domain disputes in UDRP arbitration proceedings and in federal court
  • Litigating contract and licensing agreement disputes, business torts, trademark and copyright infringement, unfair competition and personal injury claims
  • Advising and assisting clients with e-commerce disputes occurring on sites like Amazon, eBay and Etsy

Brand Protection and Other Intellectual Property

A company’s intellectual property is often its most valuable asset, and too often, business owners fail to take the necessary steps to protect it.  Trademark and Copyright protect distinct intellectual property rights, but the two are often confused with one another, even by lawyers.

Trademarks

A trademark is a name, logo, symbol or design (or a combination of these) that the consumer associates with your good or service.  It’s the brand that identifies and distinguishes your company in the marketplace.   Trademark laws protect consumers from being deceived, misled or confused as to the (1) source of the goods or services and (2) whether one company sponsors and is associated with another company.

Paul Ticen assists businesses and individuals with trademark registrations.  His involvement ranges from handling the entire trademark registration to a more limited role such as a consultation to analyze whether use of a particular mark or trade dress may potentially result in a claim of trademark infringement or tarnishing a famous mark.

Even those businesses that embark on the trademark registration process alone, but now face a non-final Office action from the United States Patent and Trademark Office, Paul Ticen assists in preparing a response in an attempt to overcome a rejection.   Paul also assists businesses in the appeals process if the USPTO has issued a final Office action or to file or defend an opposition or cancellation proceeding before the Trademark Trial and Appeals Board.

Copyright

A copyright owner has the exclusive right to (1) reproduce (copy); (2) distribute; (3) create a derivative work (transform), (4) publically perform and (5) publically display the copyrighted work.  How does copyright apply to a business owner in the fitness and training industry?  A number of different ways.  For example, a creative logo containing artistic elements can be copyrighted (can be trademarked as well), which prevents another business or individual from copying the logo and selling it on a T-shirt.  Another example is creating unique content for your website, which a competitor steals by copying the content nearly word-for-word.  If your business development relies on search engine optimization, webpage content copying potentially sabotages your search engine ranking.

Paul Ticen assists businesses and individuals with Copyright registration.  Creating a digital image of your copyrightable work, for example, gives you rights under the Copyright Act.  But your ability to adequately enforce those rights depends on whether the work has been registered with the U.S. Copyright Office.

Licensing Agreements, Contracts and Other Business Documents

Licensing agreements are commonly used with intellectual property because the personal or business granting rights to use the IP retains ownership.  Each licensing agreement is unique, and careful consideration should be given to what is being granted, held back and establishing clear expectations as the licensor/licensee move forward with their business relationship.   Paul Ticen work with clients, both licensors and licensees, to clearly establish these expectations by drafting, revising and negotiating licensing agreements.  Paul Ticen also advises clients after a licensing agreement has been entered into whether a particular course of action puts him or her at risk in breaching the licensing agreement or whether the other party has breached the licensing agreement.

Paul Ticen also assists businesses and individuals in preparing and negotiating other types of contracts, as well as providing analysis how particular provisions impact a client’s interests.  He can assist your business whether it’s an operating agreement, commercial lease, assignment, purchase order, an employment agreement with a non-compete and non-solicitation clauses or a non-disclosure agreement.  Paul Ticen also works with businesses in preparing and filing formation paperwork.  Paul’s litigation experience has taught him that too often contracts contain unnecessary, unclear and over broad language and legalese, making it difficult for even attorneys to understand what the parties intended.  Hiring an attorney to assist with contractual issues can save clients money, stress and put in safeguards should the relationship go sideways and a dispute arises.

Litigation and Domain Disputes

Paul Ticen represents businesses and individuals in a wide-range of litigation: commercial (business) litigation, including breach of contract disputes and business torts (i.e. unfair competition), trademark and copyright infringement, domain name disputes (UDRP arbitration and anti-cybersquatting lawsuit) and injury.  While litigation should be avoided, sometimes it is inevitable and even needed.  Paul’s experience includes representing both plaintiffs and defendants.   Paul Ticen works with clients by listening to their objectives, identifying issues and developing a strategy to assist the client in reaching his or her objective in the most cost effective and time efficient way possible.

If you are looking for a consult concerning legal options send a request to Paul Ticen here.