Intellectual Property

Intellectual Property

Primary Contact: Mark Murphey Henry

Protection of intangible property rights and intellectual property is one of the most important areas of the modern business environment. As the use and importance of technology in business increases, the protection of that technology becomes essential.

High technology has permeated every aspect of our society, including traditional industries in Arkansas such as agriculture and timber as well as other industries both within and outside the state. As the competitive environment becomes more aggressive, protecting your information, know-how, and processes becomes even more important.

Trademark Prosecution and Litigation

Our team routinely handles large global portfolios of well-known brands for our clients. We learn our clients’ businesses, the industries in which they operate, and their branding objectives and strategies in order to develop flexible and practical approaches to trademark portfolio management and optimization.

We help clients with:

Selection of trademarks

Clearance searches and opinion letters for names, marks and slogans

Preparation, filing and prosecution of trademark applications and responses to Office Actions in the U.S. and in foreign countries

Maintenance and renewal of trademarks in the U. S. and abroad

Trademark audits

Trademark watch services

Investigations related to the trademark rights of others

Trademark due diligence in corporate, financing and technology transactions

Development of trademark use guidelines and education programs

Review of labels, packaging and marketing materials for proper usage and marking

Advice on internet advertising, keywords, marketing and online branding issues

Negotiation of licenses, consent and coexistence agreements

Anti-counterfeiting/gray market monitoring, investigations and litigations

Registration, monitoring, enforcement and litigation of domain names, including ICANNUDRP arbitrations before the National Arbitration Forum (NAF)

Management of litigation (complex and simple) involving trademark, patents, trade dress, unfair competition and false advertising disputes in federal and state courts

Appeals, oppositions and cancellation proceedings before the U.S. Trademark Trial and Appeal Board (TTAB)

Cybersquatting litigation under the Anticybersquatting Consumer Protection Act (ACPA) in federal court


Rose attorneys have expertise in the registration and enforcement of copyrights. We offer counseling and formal opinions to clients regarding possible infringement and legitimate rights to use.  If the need arises, our intellectual property attorneys along with our litigation lawyers have the depth of experience to manage litigation involving complex copyright matters. Additionally we help clients with the licensing of copyrights to third parties.

Patent Litigation

Should our clients become involved in patent litigation, our attorneys are experienced in conducting and/or managing such litigation at a significant cost advantage relative to attorneys of similar experience levels in other markets

Trade Secrets

Rose team attorneys provide clients with an extraordinary ability to handle the complexities of trade secret matters.  We counsel our clients on trade secret protection and establishing intellectual property protection and infringement protocols.  We help find the balance between patent and trade secret protection and develop strategies to provide the longest possible protection for client innovations.

Licensing Agreements

Our Rose attorneys assist clients in drafting and negotiating complex intellectual property and technology transfer licenses. In regard to licensing transactions involving technology, we have an understanding of the subject technology and the scope of protections surrounding that technology.  We also draft licensing agreements for trade secrets, patents, technology and software, trademarks and copyrights.

Technology and Software

We are experienced in software and technology licensing and domain name protection. Our attorneys help our clients protect their software through copyright applications, and we are ready to assist in enforcement against infringers.