Practice Areas

Copyright

Walmart

Protect your creativity and control its use

Your brand is a valuable asset that drives customer loyalty and deserves strong protection. Our firm manages every aspect of intellectual property protection to safeguard your brand. We help secure the proper protections, and if your brand is ever infringed, we will take swift action to hold the infringer accountable.

Protection for creatives

Copyright law is the intellectual property protection given to those who create artistic works. It is a reward of exclusive control of the use of a person’s original works. The United States Copyright laws offer protection for original works of authorship spanning many creative endeavors. Art, music, architecture, sculptures, writings, photographs, and even software fall under the protection of copyright.

Protection is vital

In today’s internet-connected world, copyright protection is more important than ever. Photographs, movies, music, and images of protected work can be widely disseminated at the click of a mouse. Code can be copied and applications can be pirated with alarming ease. The ease with which infringement occurs in our digital world means that now more than ever it is critical to take proactive steps to protect your creative investment and copyrights.

Registration is the first step

Obtaining copyright for your original work is an important first step in securing your exclusive rights. Henry Law can assist you in formally registering your work with the U.S. Copyright Office. Registration establishes a public record of your copyright claim, acts as evidence of the validity of your copyright, and is necessary before an infringement lawsuit may be brought against an infringer. We can assist in your registration, or you can visit the Copyright Office’s registration page.
Visit the Registration Site

Benefits of early registration

The Copyright laws provide that if you register your work within 90 days of publication, you are eligible to receive statutory damages and attorneys’ fees from infringers. 17 U.S.C.S. § 412(2).

This means you have a limited period of time from when you first use your copyright to preserve your access to all the possible damages you might want to assert against an infringer. If you do not register your copyright within the first three months of your first use of it, you are still able to bring a lawsuit against an infringer. But if you win, you won’t be entitled to collect statutory damages or attorneys’ fees. Because copyright damages can be difficult and expensive to establish, the loss of the ability to claim preset statutory damages is a real one.

Ensuring the preservation of the entirety of your rights is a very good reason for early consultation with an IP professional. Ideally, you will have a consultation before you launch your business.

Monetizing through licensing

One way you can leverage your registered copyright as a source of income is through licensing it. No matter the geographic scope or amount of rights you are willing to license, we can help you ensure your intellectual property is contractually protected.
Learn More About Licensing

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With a proven track record of achieving excellent results in complex cases, Henry Law Firm is ready to go to work for you.

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HENRY LAW FIRM

Otto M. Bartsch

With degrees in philosophy and chemistry, Otto excels in complex litigation and intellectual property cases.

In a recent federal case, Otto used forensic digital analysis of crucial documents to reveal their fraudulent nature, immediately resolving all claims in our client’s favor. Otto led a multi-jurisdictional collection effort of a $3.4 million judgment for Oklahoma Genetics, Inc. The case was on claims of intentional violation of the Plant Variety Protection Act, and a federal judge tripled our client’s damages. Years after the judgment was entered, Henry Law Firm forcibly seized substantial assets, and OGI could re-invest proceeds into future seed varieties and genetics.

Before affiliating with Henry Law Firm and practicing law as Otto M. Bartsch, PLLC, Otto earned his Master of Laws in Intellectual Property & Technology Law. At graduation, Otto ranked highest in his LL.M. class. He also won the Client Counseling Competition and competed in the national semi-finals of the AILPA Giles Rich Moot Court Competition in intellectual property law.

Otto works with clients to establish and protect their trademarks, copyrights, and brand identities. He is also experienced in breaking or enforcing non-competition agreements.

COURT ADMISSIONS

Otto is licensed to practice in Arkansas, Missouri, and Texas and has been admitted to practice in several federal courts, including the Eastern and Western Districts of Arkansas, the Eastern and Western Districts of Missouri, and the United States Court of Appeals for the Eighth Circuit.

HENRY LAW FIRM

Mark Henry

Mark is AV-Preeminent™ rated, a distinction earned through years of consistently outstanding legal work and a reputation for integrity. With decades of experience as a registered patent attorney and an LL.M. in agricultural law, he has developed a deep focus on protecting agricultural seed technology. Mark works closely with universities and multinational companies to navigate complex intellectual property matters and ensure long-term protection of innovation. He has handled more than 100 cases under the Plant Variety Protection Act, bringing a wealth of practical insight to the defense of plant breeders' rights. In addition to his legal practice, Mark has contributed to the field as an educator, teaching agricultural biotechnology law in the LL.M. program at the University of Arkansas School of Law.

Mark prosecutes and defends highly complex civil litigation and high-stakes, bet-the-company disputes involving trade secrets, patents, copyrights, and DMCA claims in federal courts across the country. His cases frequently address cutting-edge issues involving computer code, seed genetics, and architectural works. Licensed in six states and admitted to practice before the United States Patent and Trademark Office, he has served as lead counsel for clients in more than twenty-five states, offering broad strategic perspective and experience.

Mark brought one of the first cases under the Frank Broyles Publicity Rights Act, Ark. Code Ann. § 4-75-1101, helping to shape the early application of Arkansas’s right of publicity law. He successfully represented professional rodeo athlete Cody James in a case involving the unauthorized commercial use of James’s name and likeness. A decorated competitor, Cody has qualified for the Arkansas Rodeo Association Championships 22 times, is a seven-time ARA Champion, and has been named both Overall Rookie of the Year and Tie-down Roping Rookie of the Year by the Professional Rodeo Cowboy Association. Mark’s advocacy in Cody James v. Boot Barn, Inc., No. 4:22-cv-646-KGB (E.D. Ark. 2023), helped affirm the importance of protecting the identity and brand of professional athletes under Arkansas law.

He also serves as both trial and appellate counsel, offering a comprehensive approach to complex litigation. In Associated Electric Cooperative, Inc. v. Southwest Power Pool, Inc., Case No. 23-1293, (8th Cir. 2024), Mark secured a significant trial and appellate victory, successfully defending a $37.64 million claim in an energy dispute involving tariffed energy rates. The Eighth Circuit agreed that SPP had fully compensated AECI for the transactions in question and held that equitable recovery theories are not available when an express contract governs the parties’ relationship.

Mark is also known for taking a principled stand against improper litigation conduct. In Lyon v. The Academy, Inc., 2024 Ark. App. 386, he obtained Rule 11 sanctions against opposing Arkansas counsel Matthew Campbell and Elizabeth Lyon. The Arkansas Court of Appeals affirmed the sanctions, finding that their claims were frivolous, had no chance of success, and were brought solely to harass and drive up litigation costs—highlighting Mark’s commitment to professionalism and the integrity of the legal process.

When disputes arise with Walmart, Mark provides trusted counsel to both large and small vendors. Given that Walmart is headquartered in Northwest Arkansas and most of its contracts require disputes to be litigated in Benton County, Mark’s location in Fayetteville—home to the federal court for Northwest Arkansas—positions him ideally to handle these matters efficiently and effectively.

Mark is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the Eighth and Federal Circuits, and several federal district courts, including the Eastern and Western Districts of Arkansas, the District of Nebraska, and the Eastern and Western Districts of Oklahoma. He also represents clients before the Trademark Trial and Appeal Board in trademark matters.

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