San Francisco intellectual property attorney with 25+ years of experience helping businesses and creators protect what matters most — their trademarks, copyrights, and creative work.
Get in Touch View ServicesBig-firm expertise with a personal touch.
Three principles guide every client relationship.
Trained at major international law firms, with deep experience across trademarks, copyrights, licensing, and IP litigation in federal courts.
When you hit a roadblock, creative problem-solving makes the difference. Finding the right path to the fullest protection for your IP.
Flat fees for many services, plus traditional hourly rates. Pricing that works for Fortune 500 companies and solo entrepreneurs alike.
Comprehensive intellectual property services from clearance to courtroom.
When a company plans to launch a new product or service, clearing and protecting the trademarks that will be used to identify the product to the public is essential. I offer a full range of trademark search and clearance services, as well as United States and international trademark filings. I can file applications for many international jurisdictions from my own desk using the Madrid Protocol. For countries that have not signed the Madrid Protocol (or if there are other reasons not to make Madrid filings), I call upon my vast network of foreign associates from around the globe to assist with obtaining trademark protection in relevant countries.
I also handle enforcement matters, both offensive and defensive. At the initial stage, this typically consists of sending or responding to cease and desist letters. Many times, a settlement can be negotiated at this point. If not, I have the experience and capability to escalate enforcement efforts, through the filing of opposition or cancellation proceedings before the Trademark Trial and Appeal Board, and/or litigation in federal or state court.
Copyright protection covers more than just books, plays, movies, and music. In fact, copyright is broadly defined to encompass any creative work of authorship "fixed in a tangible medium of expression," in other words, written down, recorded, pressed into vinyl, or carved on a cave wall. More commonly, in today's world, copyright is used to protect written content, software code, YouTube videos, and movies. But other items may also qualify for copyright protection, if they contain the requisite level of creativity, including product labels and company logos. In these instances, copyright protection can sometimes be used to enhance the trademark protection that is otherwise available for a company's products.
If you are the author of a work of creative expression, you should consider obtaining a copyright registration as soon as possible. Although you are the copyright owner the moment you create the work and fix it in a tangible medium of expression, prompt registration of the work is often necessary in order to qualify for certain remedies in the event your work is infringed. These remedies include statutory damages of up to $150,000 per work and recovery of attorneys' fees.
Contracts form the foundation of business. A well-drafted agreement promotes the goals of both parties to the contract, and clearly defines the terms that will govern their business relationship. It can also reduce the risk of litigation, which is costly, time-consuming, and can draw a company's focus away from its long-term business objectives.
I've worked with many companies, big and small, to reach agreements with business partners, independent contractors, customers, suppliers, and distributors, among others. Often, the key terms revolve around price, delivery time, warranties, reasons and timing of termination, and remedies for breach. But sometimes, insurance, indemnification, or other provisions are crucial. I can work with you to customize your agreement to fit your needs and accomplish your business goals.
Protecting your trademark is the first step in building your brand, but promoting the mark is equally important. There are a myriad of state and federal laws and regulations spelling out what you can and cannot do or say when advertising and promoting your products. I can provide advice and counsel at the outset of an advertising and promotional campaign, to help you avoid common landmines and pitfalls, such as FTC enforcement actions, cybersquatters, and class action lawsuits.
For example, many companies use online sweepstakes, often leveraged through social media, to build "buzz" about their products. But if a promotion includes a prize, chance, and an entry fee (or some other consideration), it is very likely an illegal lottery. In addition, some states have very broad and restrictive gambling laws. I can help you structure your online promotions in a way that minimizes your risk.
Litigation can be expensive, time-consuming, and emotionally draining. But sometimes, it is necessary to protect your brand. And of course, if you are named as a defendant in a lawsuit, you have no choice in the matter. I have extensive experience representing both plaintiffs and defendants in many types of cases, with an emphasis in the area of intellectual property and related claims.
I have significant experience in preliminary injunction practice, both as a plaintiff seeking an injunction, and as a defendant opposing the injunction. When you have to go to court, you need someone on your side who can draw upon experience to help you make strategic decisions, at the pleading phase, in discovery (including experts), and through summary judgment and trial. You need someone with strong written and verbal communication skills who can persuade the judge and jury that the facts and the law are on your side. And often times, you need someone who can help you resolve the case at an early stage, in order to control costs and/or minimize potential liability.
I've been an intellectual property lawyer since 2000. After eight years at major international law firms and seven more at mid-size firms, I started Krakau Law in 2015 to offer something different: big-firm expertise in a setting where every client gets my personal attention.
If you have an idea for a product, that's the perfect time to consult an intellectual property lawyer. And if you receive a cease and desist letter accusing you of trademark or copyright infringement, you definitely need one. I offer expertise not often found outside major law firms, and flexible pricing options including flat fees for many services.
A selection of matters across IP litigation,
trademark enforcement, and dispute resolution.
Trusted by businesses and creators across industries.
"So I come back from Amsterdam with this incredible idea for a chain of European-style burger joints. Royale With Cheese™. Greg had the trademark filed before my jet lag wore off. The man is thorough. I mean, I've seen some lawyers — this guy actually returns your calls."
"I had a business partner who was, shall we say, misappropriating the intellectual property of our shared venture. I was contemplating some rather... Old Testament remedies. Greg talked me off the ledge, filed a cease and desist, and had the whole thing resolved in 30 days. The path of the righteous man is now fully trademarked."
"I had a body of work — short films, experimental stuff, very European — and no idea how to protect any of it. Greg walked me through copyright registration for my entire catalog in one afternoon. Patient, thorough, and he didn't even flinch when I described the one with the pot belly."
"I'ma keep this simple. I run a complex operation across multiple verticals. Distribution, logistics, nightlife. Greg handles all my IP, my licensing agreements, my NDAs. Does not throw my business out a window. Does not get nervous. I don't use the word 'pride' lightly, but this man does not mess with it."
"We've been lucky to have Greg handle our Intellectual Property matters since the early days of the company. As a small start-up in a competitive space, Greg's been a valuable partner in helping develop our business strategy while building and protecting our IP. Greg is smart, experienced and fair; he always understands our need and limitations. Greg has helped us successfully secure a number of valuable trademarks, often overcoming initial objections from the trademark office. In one case, he expertly negotiated a co-existence agreement with a much larger company. Greg has vigorously defended our IP — he literally shut down several copycat websites that were infringing on our registered marks. I highly recommend Greg Krakau to anyone looking for an honest, hard-working, and reliable IP attorney who produces winning results."
Whether you have a question about trademarks, need a contract reviewed, or just want to know your options — I'd love to hear from you.
Email Greg