Smith, Pamela Payne

PAMELA P. SMITH is a Partner in the firm's Business Section where she leads the Intellectual Property Focus Team. She manages nearly 1000 active trademarks for a variety of businesses, including restaurants, software developers, medical researchers, plumbing supply companies, publications, banks and utilities. She assists not only in the application and registration process for trademarks, brand names, and logos, but also in the clearance searches which may assist in determining whether a name is available for use. Where clients maintain large portfolios, Pam has worked with clients to develop a password-protected site to monitor and maintain those trademark portfolios, so at any given time, the clients can sign in and see the status of their trademarks or obtain copies of filings housed in the site. She has recently worked closely with software developers, an advertising agency, an educational non-profit corporation and industry stakeholders to assist in protecting, licensing, and rolling out a national marketing campaign promoting education, training and careers for high school and college students.

Her practice focuses on multiple aspects of protecting intellectual property from the date of conception through commercialization, including trademark and copyright protection in the United States Patent and Trademark Office and United States Copyright Office, preparing copyright, patent and software license agreements, drafting confidentiality agreements, consulting agreements, development agreements, employment agreements and intellectual property transfer agreements for emerging technology companies, web site operators, database innovators, and creators. She assists authors and publishers with freelance contracts and publishing agreements. She has also assisted government contractors with ownership issues and analysis of intellectual property rights in the context of government contracts. She has drafted and reviewed numerous software procurement contracts and licenses.

With the proliferation of internet sites and social networking, protecting one's intellectual property on the worldwide web has presented many challenges for intellectual property owners. Pam has worked with clients to protect their trademarks on social networking sites and regularly assists clients in preparing and submitting notifications for take-down of infringing materials on sites throughout the internet, including sites such as Picasa, Etsy, and Facebook. She often counsels clients on efforts they can undertake to protect their content on the internet. She has also assisted clients in counseling on mobile phone and internet device application development contracts.

Moreover, she has assisted clients through providing training seminars for contract management personnel and publishing company editors on software contract provisions, publishing rights agreements, use of content on the internet, and development agreement provisions. She regularly presents to creator groups on the topics of copyright and trademark protection as well as providing general counsel on ways to protect intellectual property as you take your product to market. She also regularly counsels clients on fair use analysis.

Her corporate practice focuses on counseling and transactional aspects of intellectual property law. For clients looking to sell or purchase intellectual property assets, Pam has advised both purchasers and sellers on intellectual property due diligence, which includes not only assets such as trademarks, patents, copyrights and trade secrets, but also a review of agreements, such as employment, inventor, independent contractor, development and license agreements. She also drafts and reviews provisions in the transactional documents, such as the representations and warranties and transfer documents required for proper recording and chain of title for the purchase or sell of intellectual property assets. Pam has a passion for helping others protect and maintain the fruits of their intellectual, research and development efforts and works hard to provide her clients with cost-effective and responsive counsel in an area that is ever-changing.