We appreciate your concern about confidentiality and privacy. The attorney-client relationship is one of trust and mutual respect. Quite simply, you have to trust and respect your lawyer, and your lawyer has to trust and respect you. We appreciate that it takes time to build this trust, and that it is difficult to know if you can trust someone you may not know. We will work hard to earn your trust. After all, the most important asset any lawyer owns is his or her reputation. And that reputation is built upon honesty, integrity, hard work, knowledge, experience and trust.

Here are a few reasons you can trust us to protect you and your intellectual property, and a few things you can do to set your mind at ease if we are beginning a new attorney-client relationship.

First, you should know that all attorneys in the United States are licensed professionals, and we are all subject to rules of professional responsibility and conduct. The lawyers of our firm are admitted to practice in several different jurisdictions (New York, Florida and United States Patent and Trademark Office) and are at all times subject to the professional responsibility and conduct rules of one or more of these jurisdictions. You should find comfort in knowing that the rules of each of these jurisdictions require that we keep client confidences. Failure to do so could result in censure, suspension or even disbarment. Herebelow are excerpts of the applicable rules in the jurisdictions in which we practice:

 

Rule 1.6 of the New York Rules of Professional Conduct provides in pertinent part: “A lawyer shall not knowingly reveal confidential information […] unless: (1) the client gives informed consent […]”.

 

 

Rule 4-1.6(a) of the Florida Rules of Professional Conduct provides in pertinent part: “A lawyer shall not reveal information relating to representation of a client [...] unless the client gives informed consent.”

 

 

37 C.F.R. §11.106 provides in pertinent part: “A practitioner shall not reveal information relating to the representation of a client unless the client gives informed consent ...”

 

What these rules say, then, is that we, as your lawyers, cannot disclose any confidential information you share with us without your consent.

There are exceptions to the rules cited above. For example, if you tell your lawyer that you are going to commit a crime, or tell your lawyer you intend to cause bodily harm or death of another person, the lawyer may reveal this information to the authorities. If the information you consider confidential becomes public (e.g., your patent issues), then the lawyer is relieved of her obligation to keep the details of the invention as described in the patent secret. The lawyer may also reveal confidential information when required to do so by a court order.

These rules apply from the first contact you have with an attorney – regardless of the nature of the communication (email, telephone, personal meeting, etc.) Even if you do not become a “paying client” and enjoy nothing more than a free initial consultation, the attorney is required to keep your information secret. Moreover, this duty extends to employees of the attorney, including our paralegals and to our accounting and clerical staff.

We hope you will find comfort in knowing that there are rules in place which require attorneys to keep client confidences, and that most attorneys are not willing to risk their licenses and livelihood by disclosing a client’s secret information.

All of these ethical standards are intended to improve the attorney’s ability to represent the client. The goal is for the client to feel comfortable enough to talk honestly and openly to her attorney. This, in turn, enables the attorney to better represent her client because she has a better understanding of the client’s matter.

If you desire additional comfort in knowing you can trust us, consider contacting the appropriate licensing authorities in each jurisdiction to inquire as to whether our attorneys are presently in good standing. For your convenience, contact information for these various authorities is reprinted herebelow:

New York Supreme Court of the State of New York Appellate Division Eighth Judicial District 438 Main Street, Suite 800 Buffalo, New York 14202-3212 Telephone: (716) 845-3630 Fax: (716) 856-2701	Florida The Florida Bar Member Records Department 651 East Jefferson Street Tallahassee, FL 32399-2300 Telephone: (850) 561-5674 Fax: (850) 561-9435 Link to Check Attorney Status: https://www.floridabar.org/names.nsf/MESearchDK?OpenForm

Finally, although we are ethically obligated to keep your confidences, you should be aware that the practice of law before the United States Patent and Trademark Office in trademark cases is largely public. Once an application for federal registration of a trademark is filed, it becomes public. The entire prosecution of the application is also open to public view. So, while we will keep secret any trademark searches you request, as well as our opinions as to the availability of a mark for your use and/or registration, once your application is filed, our obligation to keep the application itself secret ends.

Information We Collect and Receive

We collect several different types of information to provide legal services to you, including:

Client Account and Registration Data: This includes information you provide to create your account with us or register for services and may include your name, address, billing information, a password and a valid email address.

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Service Data (including Session and Usage data): When you use our services, to conduct trademark searches or request other services, we receive information generated through the use of the service. For example, we may collect usage and log data about how the services are accessed and used, including information about the device you are using the services on, IP addresses, location information, language settings, what operating system you are using, unique device identifiers and other diagnostic data to help us support the services. We may collect information as to the description of a trademark you search and the results returned in that search. While we won’t share this information with anyone, we may use this information to improve our searching methods and algorithms.

Location Information: We collect your location-based information for the purpose of providing and supporting the service and for fraud prevention and security monitoring. If you wish to opt-out of the collection and use of your collection information, you may do so by turning it off on your device settings.

Device Information: When you use our services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).

How We Use the Information We Collect and Receive

TrademarkShoppe may access and use the data we collect as necessary (a) to provide legal services to you; (b) to address and respond to service, security, and client support issues; (c) to detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; (d) as required by law; (e) to improve and enhance our website and our services; and (g) to provide analysis or valuable information back to our clients and users.

Some specific examples of how we use the information:

• Create and administer your account
• Perform a conflict of interest check/investigation
• Facilitate and improve our trademark searching methodology and algorithms
• Assess your needs to determine suitable services we may provide
• Send you status updates about a matter you have entrusted to us
• Respond to client inquiries and support requests
• Conduct research and analysis
• Analyze data, including through automated systems and machine learning to improve our services and/or your experience

 

How We Share Information We Collect and Receive

We never share your information with anyone, and never will, unless required by law.