Protecting Creation While Preserving Cultural Freedom
At Acosta Law, our intellectual property practice is defined by a dual commitment: safeguarding the rights of creators while preserving the cultural commons that makes innovation possible. We recognize that IP law sits at a crucial intersection of economic interests, artistic expression, and democratic values.
We have particular expertise in cases involving parody, criticism, and other forms of commentary that challenge conventional IP interpretations. Our attorneys understand the complex intersection of intellectual property with First Amendment protections and advocate for an approach that values both creative rights and expressive freedom, recognizing that these principles can coexist and even reinforce one another.
Our Intellectual Property Services
Copyright Issues
We handle copyright registration, enforcement, licensing, and defense, with particular emphasis on fair use and transformative work protections that balance creator rights with creative freedom.
- Fair use defense and advocacy
- Copyright registration and portfolio management
- Infringement litigation and defense
- DMCA takedown response and counter-notification
- Creative licensing strategy
Trademark Matters
We assist clients with trademark selection, registration, enforcement, and defense, focusing on both conventional protection strategies and free speech considerations in trademark disputes.
- Trademark clearance and registration
- Opposition and cancellation proceedings
- Parody and fair use defense
- Trademark enforcement strategy
- Licensing and co-existence agreements
Right of Publicity
We advise on the complex intersection of personality rights, free speech, and commercial interests, helping clients navigate the varying state laws governing use of name, image, and likeness.
- Publicity rights clearance
- Defense against publicity claims
- Personality licensing agreements
- Post-mortem rights evaluation
- First Amendment defenses
Digital IP Issues
We help creators and platforms navigate the rapidly evolving landscape of digital intellectual property, addressing emerging issues in social media, AI-generated content, and digital distribution.
- User-generated content policies
- Platform liability counseling
- AI and algorithmic creation issues
- Digital sampling and appropriation art
- Open source licensing strategies
Our Approach to Intellectual Property
Intellectual property law is both technical and deeply philosophical, touching on fundamental questions about creativity, ownership, and cultural exchange. Our approach combines:
- Balanced Perspective: We approach IP matters with awareness of both creator interests and the public's stake in a robust cultural commons, seeking solutions that serve both concerns.
- Technological Fluency: We maintain deep familiarity with emerging technologies and creative practices, ensuring our legal strategies align with contemporary reality rather than outdated assumptions.
- Cultural Context: We situate legal questions within their broader cultural and artistic contexts, bringing insights from art history, literary theory, and media studies into our legal analysis.
- Strategic Pragmatism: We develop IP strategies that reflect our clients' actual goals and values rather than reflexively pursuing maximum control, recognizing that different creative contexts call for different approaches.
- Constitutional Grounding: We never lose sight of the constitutional purpose of intellectual property—"to promote the progress of science and useful arts"—ensuring that our advocacy serves this fundamental aim.
Notable Intellectual Property Cases
Westbrook v. Lifestyle Media Group (2022)
Successfully defended documentary filmmaker against copyright claims by commercial photographer, establishing important fair use precedent for documentary use of archival images.
DesertTech v. MirageWare (2019)
Represented software developer in trademark dispute with larger competitor, negotiating favorable co-existence agreement that protected our client's brand identity while avoiding costly litigation.
Estate of Gonzalez v. Southwest Media Corp (2017)
Protected newspaper's right to use historically significant photographs in long-form journalism, establishing limits on posthumous publicity rights when balanced against First Amendment interests.
