Phillip Barengolts

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For Phillip Barengolts, building and protecting a company brand is just like building and protecting a personal reputation. Both must be earned, respected and defended.

"I understand the importance of brand image to a business, and strive to protect that image with as much diligence as I devote to my own reputation and that of our firm," Barengolts says.

A valuable brand is also a target for pirates: if they infringe or counterfeit the brand, they may harm its reputation. To prevent this, vigilant protection is essential.

Barengolts' experience has given him the tools to help clients maintain their stature in the marketplace. He's resolved disputes and counseled clients in all aspects of brand protection and development, including trademark, trade dress, unfair competition, copyright, anti-counterfeiting, and false advertising matters. He has particular expertise in Internet and e-commerce. He also works with clients to capture the value of intellectual property through licensing.

Barengolts has represented clients from a broad range of industries, including the automobile, consumer products such as apparel, toys and computer hardware, education, media, food and beverage, energy, health care, pharmaceutical, biotechnology, software, services and telecommunications industries.

"If you're an expanding business, I can help you protect your brand image among existing customers by preventing competitors from encroaching on established markets. I also work to ensure that your plans for expansion do not violate the intellectual property rights of players in new markets--whether they're global, on the Internet, or in new product categories," Barengolts explains.

To ensure that PepsiCo maintains its position as a leading brand in the soft drink industry, Barengolts has helped develop a global strategy to stop the sale of counterfeit and infringing products made from the client's bottles and cans. Through seizures, federal lawsuits and low-impact post-litigation policing, he quickly resolved an immediate problem, and developed an efficient method for dealing with future issues.

In another case, a client with a new business needed to establish a brand presence that could achieve global recognition without conflicting with previous rights-holders in a wide range of consumer apparel and services industries. Barengolts worked with the client's marketing team to develop a plan to avoid potential conflicts and resolve any that arose in the early stages of brand development. With his own and Pattishall's international expertise, he helped secure protection for the client's nascent brand across the world.

Described by clients and colleagues as "meticulous, professional and easy-going," Barengolts is known for treating all of his clients equally. "I devote as much attention to my pro bono clients as I do to the most complex matters for our most sophisticated clients, working closely with each one to resolve disputes in the way that best suits their specific problem and individual needs."

Barengolts helps maintain the worldwide trademark portfolio of an international educational products firm. He has drafted and helped negotiate custom system implementation agreements on behalf of a leading global provider of integrated clinical workflow solutions. He also provides pro bono representation for a local artist for all of her intellectual property needs.

While intellectual property issues span the globe, the universe of IP lawyers is actually quite small. "I never lose sight of the fact that my practice involves relationships among a small community of lawyers," he says. "Each one of us is a professional bound by a code of conduct that requires courtesy, honesty and respect. I strive to treat everyone I encounter in the course of my work--clients, opposing counsel or potential hires--with this same respect."

And that's a reputation that is perfectly legal to copy.