Intellectual Property

Attorney Barbara Berschler counsels business owners and individuals interested in the protection of their intellectual property, such as trademarks, logos, copyright protected works, confidential information, and trade secrets,  and in the proper use of the intellectual property of others.   Because intellectual property is intangible and not physical property, like real estate or a car, it can be hard to safeguard from infringement, misuse, or theft.

However, because your copyright protected works, trademarks, trade secrets, etc., contribute to the economic value of your business, you always want to know:  How does it come into existence?  Who owns it? How can it be used properly?  What happens if someone infringes on your intellectual property?  What to do if you are accused of infringing on the intellectual property of another?  Do you have a comprehensive non-disclosure agreement or NDA in place?   Are your intellectual property licensing agreements comprehensive? These are the kinds of questions Ms. Berschler can help you answer.

Whether an issue relates to federal regulation under the Copyright Act, Digital Millennium Copyright Act (“DMCA”),  Barbara Berschler arms you with the knowledge and tools needed so that you can take appropriate action in the protection, defense and use of your intellectual property.


The “Business Owner’s Guide to Intellectual Property” provides an understandable explanation of various forms of Intellectual Property which may be encountered by business owners and individual creators of intellectual property, such as artists, writers, filmmakers, software developers.

The Guide examines such issues as: Who owns the IP? How is IP created? What is “fair use?” How to protect trade secrets? If you would like to receive a free copy of the Guide, place your request, and Barbara Berschler will be pleased to see that you receive it.

In the case of copyright related issues, Barbara Berschler knows how to protect a client’s rights in copyrighted works, how to defend against infringement claims, and how to comply with the requirements of the Copyright Act and Digital Millennium Copyright Act (DMCA). The explosion in the amount of content being generated and disseminated by digital media, along with the concomitant ease of copying it, with or without permission, makes it all the more important to work with a copyright savvy lawyer. Barbara Berschler provides a broad range of services that enable her clients to face the many challenges associated with the ownership and use of copyright protected works.

When planning to adopt a trademark or logo, Ms. Berschler gives her clients guidance in identifying strong enforceable marks. If a client wants to register a trademark with the USPTO, she carefully explains and goes through the entire process with them so that the client’s goal can be achieved.

A business relies on its trade secrets to compete effectively in the market place. Through her comprehensive review and drafting of non-disclosure agreements or NDAs that affect confidential information, Ms. Berschler looks out for her client’s best interests.

With her extensive experience of working with business and non-profit clients throughout the Washington, DC, metro area and internationally, Barbara Berschler offers guidance in the identification of intellectual property rights, in the obligations required when using IP, and in ways to protect or defend against claims of infringement. Often with her careful drafting and review of licensing agreements, she enables her clients to achieve the proper balance between rights and responsibilities in their use of intellectual prroperty.

With three decades of legal experience and an eye on current legal trends, Ms. Berschler offers guidance in all aspects of intellectual property rights for such clients as:

  • Software Companies
  • Financial Institutions
  • Technology Companies
  • Public Relations Companies
  • Not-for Profit Organizations
  • Artists
  • Writers
  • Musicians
  • Web and App Designers

"Barbara Berschler handled an extremely complicated copyright / trademark matter for us.  She kept me informed during the entire process and advised me in a clear and understandable way as to what my options would be at every turn. Very knowledgeable and respectful. Highly recommended!"

- Vlad L., Owner, Software