Intellectual Property

Florek & Counsel is a full service intellectual property law firm that offers litigation and transactional services in all areas of IP, including:

Industry-Leading Experience 

Experts have estimated that as much as 80% of the value of publicly traded companies in America come from intangible assets. Accordingly, it is more important than ever to ensure intellectual  property is appropriately protected, registered and strategically licensed.

The Law Offices of Florek & Counsel provide professional representation covering all aspects of intellectual property law and licensing. Our firm has a close working relationship with numerous domestic and international registered patent attorneys, certified engineers, chemists, licensing agents, and various other professionals and corporate entities across a wide range of industries, ensuring that our clients are equipped with the best intellectual property representation available. 


(Protection of an idea that is capable of being reduced to practice.)

A patent effectively affords an inventor a monopoly over all the claims granted within a registered patent application. However, because this is such a drastic grant of power, the United States Patent and Trademark Office (USPTO) has intricate prospective requirements for an invention's patentability.

Our Counsel has extensive experience drafting, licensing, and litigating various forms of domestic and international patents, including: design patents, utility patents, method of use patents and provisional patents.

Contact us today at to see if your idea is "patentable", to guage whether you have a meritorious patent infringement action, evaluate the strength and value of existing patents, or just for guidance on how the patent process works. 


(Protection of an eexpression of an idea)

The United States Copyright Office affords copyright protection to the authors of original works of authorship in the following types of works:

  • Literary works

  • Musical works

  • Dramatic works

  • Pantomimes and choreographic works

  • Pictorial, graphic, and sculptural works

  • Motion pictures and other audiovisual works

  • Sound recordings

  • Architectural works

The main thing to consider when evaluating whether or not an aspect of your work falls into one of these categories, is whether you are attempting to protect the expression of the idea, or just the idea itself? A copyright is only attainable for works that are in their concrete form (the expression of an idea).

Registering a federal copyright under Section 106 of the 1976 Copyright Act gives the owner of a copyright the exclusive right to do the following, generally:

  • Reproduce the work in copies or phonorecords;
  • Prepare derivative works based upon the work;
  • Transfer ownership by rental, lease, or lending;
  • Distribute copies or phonorecords of the work to the public by sale or other choreographic works, pantomimes;
  • Perform the work publicly, in the case of literary, musical, dramatic, andaudio transmission; and
  • Perform the work publicly (in the case of sound recordings) by means of a digital.


Those looking to commercially profit from their work, or their live services, often seek to obtain trademarks in their name(s), mark(s) and/or logo(s). Obtaining a federally-registered trademark puts the world on record notice that particular goods or services are derived solely from an identifiable source. Obtaining a federally-registered Trademark grants the holder the exclusive right to use the mark within a specified class of goods throughout the world. 

Trade dress is "essentially a business's total image and overall appearance." (Blue Bell Bio-Medical v. Cin-Bad, Inc., 864 F.2d 1253, 1256 [5th Cir. 1989]). Trade dress may include "features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques." (John J. Harland Co. v. Clarke Checks, Inc., 711 F.2d 966, 980 [11th Cir. 1983]).

Trade dress is the protection of a specific visual impression. This form of IP functions similarly to trademarks in the sense that it also serves as a source identifier for one's goods and services.

It should be noted that the U.S. Supreme Court held in Two Pesos, Inc. v. Taco Cabana, Inc., 112 S.Ct. 2753 [1992]), that inherently distinctive trade dress is protectable, even without proof of secondary meaning.


For more information about the IP services we offer, contact us at

*While the articles and information on these pages aim to provide an accurate, objective and up-to-date portrayal and review of the facts concerning various disciplines within today's legal profession, the information contained within these articles is intended for informational purposes only and should not be construed as legal advice. No reader should act on the basis of the content without seeking appropriate legal counsel.* 

Recent Developments in IP


Important Changes in US Patent Priority

March 16, 2013 marked an important day in the history of United Stated Patent Law. On this day, Phase III of the America Invents Act (AIA) was  implemented, which brought with it significant changes to our country's recognition of patent priority.

Before March 16, 2013, the US was one of the few countries in the world that utilized a first-to-invent priority system. This system allowed an inventor with an unfilled patent to claim priority over a filed patent, so long as the inventor could prove that his invention was reduced to practice before that of the applicant's. However, with these new changes, it is now irrelevant who is first to invent.

Pursuant to Phase III of the AIA, the first inventor to file a patent application, is now the one who is granted priority for the invention.


Copyrighting Java! 

On Friday, May 9, 2014, Oracle Corp. won their U.S. Court of Appeals copyright infringement case against Google Inc..

A three-Judge Federal Circuit Panel reversed a lower court holding and stated that Java programming language was in-fact ccopyrightablehtable.

In their ruling the U.S. Court of Appeals decided that Oracle Corp. did in-fact have a valid copyright in their java programming language, which Google used unlawfully in the design of their Android smartphone operating systems.

To read more, see Oracle America Inc. vs. Google Inc, 13-1021

Benefits of State Trademarks

Why get a state trademark? If you are only using your mark in intrastate commerce you may be unable to seek federal protection. However, you may still obtain a state trademark, which may at least afford you the benefits of a limited area defense in the event a junior user registers a confusingly similar mark on the federal register.

"America's economic output has become predominantly conceptual in nature." - Ex-Federal Reserve Chairman, Alan Greenspan.