Lester K. Essig
Shareholder

lester k. essig

801-323-3320

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Intellectual Property Law and Cyberlaw

Lester Essig is a shareholder and member of the intellectual property and corporate law practice groups, with law degrees from Cornell University and New York University. He has a strong practice in intellectual property and cyberlaw, with in-depth experience in trademarks, domain names, copyrights, software, trade secrets and unfair competition. He also has significant experience with websites, e-commerce and technology issues. He assists a broad array of regional, national and international clients with name searches, trademark and copyright registrations, renewals and appeals before the United States Trademark Office and many foreign and state agencies. He maintains hundreds of federal and international trademark registrations for his clients.

Mr. Essig has handled numerous opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board, as well as cybersquatting and domain name actions. He has significant experience in dispute resolution and negotiation, having been involved in many enforcement actions. He drafts and negotiates a wide array of intellectual property documents, including assignments, licenses, software, website, distribution and confidentiality agreements, and privacy disclosures. He is involved with protective planning, including intellectual property audits, perfection of ownership interests, start-up consultation, and property transfers relating to mergers and acquisitions.

Franchise and Distributorship Law

Mr. Essig also has significant involvement with franchises and distributorships. He consults with clients on the advisability of franchising and the alternatives, and assists in preparing franchise documents, dispute resolution and general contract matters. This includes preparation of franchise disclosures and agreements, distributorship agreements, confidentiality and other documents. He assists franchisors with state registrations, renewals and compliance. He has represented a wide array of franchise and distributorship clients as well as franchisees. He has significant experience in dispute resolution and negotiation, including in Federal Trade Commission and state enforcement proceedings.

Mr. Essig maintains an AV Preeminent (5.0) rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. He has also been voted by his peers throughout the state as one of Utah’s “Legal Elite,” as published in Utah Business Magazine (2004-2010, 2012-2020), and he has served as Chair and Vice Chair of the Utah Bar section in his field of practice.

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Practice Areas


Education


New York University, LL.M., 1984

Cornell Law School, J.D., 1983

Utah State University, B.A., Finance, 1980

  • magna cum laude
  • Co-Valedictorian, College of Business
  • Phi Kappa Phi, Blue Key National Honor Fraternity

Affiliations / Memberships


  • Member, Intellectual Property Section, American Bar Association
  • Member, Intellectual Property Section, Utah Bar Association
  • Member, Cyberlaw Section, Utah Bar Association
  • Member, Forum on Franchising, American Bar Association
  • Past Chair (2001-2002), and Vice Chair (2000-2001), Franchise Law Section, Utah Bar Association
  • Past Member, Utah State University Institutional Council (l979-1980)
  • Past Member, Utah State University Alumni Council (l979-1980)
  • Past President (1979-1980) and Academic Vice President (1978-1979), Associated Students of Utah State University

Professional and Civic Activity


  • Board of Trustees, Globus Relief
  • Board of Trustees, Humanitarian Resource Center of North America
  • Member, Humanitarian Services Medical Advisory Committee
  • Bill Robbins Memorial Award
  • Legislator of the Year - Utah State University
  • University Citizenship Award - Utah State University

Publications / Presentations


  • “Maximizing the Value of Intellectual Property - Dispelling Myths and Creating an IP Dynasty,” Client Seminar
  • “The Latest in Intellectual Property Protection Strategies,” Business Seminar
  • “Protecting Company Names, Domain Names and Other Service Marks and Trademarks - Dispelling the Myths,” Corporate Seminar
  • “Service Mark, Trademark and Other Brand Protection in the Franchise Context,” Utah State Bar CLE Event
  • “Advising Clients on the Advantages and Disadvantages of Franchising, and Alternatives for Avoiding Franchise Status and Qualifying for Exceptions,” Utah State Bar CLE Event
  • “Proposed Amendments to the FTC Franchise Rule (16 CFR Part 436) - The Legal Impact on Attorneys and Clients,” Utah Franchise Section CLE Event
  • “Understanding Trademark and Copyright Law - Avoiding Legal Landmines,” - Business Entity Seminar
  • "Trademark/Service Mark Protection in the United States,” Law Seminar
  • “Copyright Law Protection and Exemptions for Multimedia Educational Works,” AECT Conference

Related News


Admitted to Practice -  

Utah State Bar
United States Court of Appeals, Tenth Circuit
United States Trademark Trial and Appeal Board
Utah Supreme Court