Andrew W. Klungness

Partner

, Bryan Cave LLP

Los Angeles

Tel

1 310 576 2176

Fax

1 310 260 4176

andrew.klungness@bryancave.com

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Andrew Klungness’ practice focuses on the commercial exploitation of intellectual property rights. He has drafted and negotiated software, merchandise, content, trademark, patent and technology licenses and work-for-hire, joint development, co-branding and cross-promotion, consent-to-use and confidentiality and non-circumvention agreements. Mr. Klungness has structured, negotiated and documented general commercial transactions, such as distributorship, sales representative and reseller arrangements; sales and leases of hardware; asset purchases and outsourcing relationships. He has assisted with the intellectual property aspects of various corporate and securities transactions.

Mr. Klungness assists clients in doing business on the Internet. In this regard, he has drafted and negotiated Web development, Web hosting, co-location, linking, domain name purchase, advertising and similar Internet-related business agreements and drafted privacy policies and terms and conditions of use for a wide variety of Web sites. Mr. Klungness also provides strategic counseling regarding “best practices” to reduce the risks associated with doing business online. He has particular experience in designing and implementing various strategies to avoid liability arising from the intellectual property rights of others.

Mr. Klungness has broad experience counseling clients with respect to the acquisition and management of their intellectual property rights. He provides advice regarding the acquisition of intellectual property rights, including the selection of trademarks, common law rights in trademarks, trade names, product configurations and trade dress and represents clients before the Patent and Trademark Office and the Copyright Office. Mr. Klungness also counsels clients with respect to the management of their intellectual property portfolio, including maintaining and cost-effectively enforcing their rights through informal settlement, arbitration and litigation.

Mr. Klungness has performed his services for clients in a wide range of industries, including information technology, retail, gaming, entertainment and media (particularly interactive entertainment), e-commerce, telecommunications, apparel, toy and game, consumer goods and financial services.

Mr. Klungness is frequently quoted by major media outlets on technology, ecommerce, and privacy matters. In addition, he was selected as one of the Southern California Super Lawyers “Rising Stars” for 2006-2010 by the publishers of Law and Politics and Los Angeles Magazine.

Representative Experience

Represent manufacturers of various consumer electronics devices in drafting end user license agreements and consumer warranties; "inbound" licenses of software, content, and technology; and "outbound" licenses of technology.
Represent manufacturer of stylized footwear in licensing out rights to depict footwear in Guitar Hero and Band Hero video games.
Represent magazine publisher in multiple transactions to license its content in "ebook" form.
Major investment bank in outsourcing the hosting and connectivity for its entire futures trading business, both for its internal trading desks and its customers, on all exchanges worldwide.
National government of a foreign country in a multi-million dollar project to engage several vendors for the development and hosting of a web site designed to promote tourism in that country.
Brand development and licensing company, owner of several major youth lifestyle brands, in implementation of a global trademark licensing and enforcement program.
Multiple clients in various matters entailing the licensing, development, publishing and distribution of various forms of interactive entertainment.
Major provider of IP transaction management solutions in its negotiations with ISP to provide wireless internet services to various municipalities throughout the country.
Provider of software solutions for gaming and entertainment applications in multiple transactions to permit remote wagering from various mobile devices.
Major manufacturer of toys and family products in various transactions to develop, license, implement and maintain a comprehensive digital asset management system.
Multiple clients, both providers and vendors, in various outsourcing matters in areas ranging from development of RFPs to the negotiation of the final agreement, such as IT staff augmentation, application development, application maintenance and business process outsourcing.