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Intellectual Property (IP) Law is in place to protect the creations of the mind. Traverse Attorneys handle IPs including trademarks, service marks, brand names, trade secrets, original authorship, and copyright enforcement cases for clients worldwide. Traverse Legal’s attorneys are recognized for their experience, innovation, and client service across a range of IP Law issues.
In a constantly changing and ever-growing online world, protecting intellectual property has become even more of a challenge.
Intellectual property (IP) is the property that includes intangible creations of the human intellect. There are several types of IPs, and the types of IPs that are recognized legally vary by country. These creations can include inventions that may qualify for literary and artistic work ( books, plays, music, artwork). They can also include product branding (names, slogans, logos, packaging, symbols, images)
Inevitably the growth of the internet has led to an increase in intellectual property crimes. IP theft involves stealing ideas, inventions, and creative expressions from individuals or companies. This can include everything from proprietary products, parts of movies or music, software, and trade secrets.
There Are Six Main Areas of Intellectual Property Law
Intellectual property infringement can significantly harm businesses, creators, and inventors by undermining their rights and financial interests. Understanding the common types of IP infringement is essential for protecting your valuable assets. Here are the primary forms of IP infringement and how an attorney can help address them.
Copyright infringement happens when another party uses the material you’ve copyrighted without your permission. Typical forms of copyright infringement include copying, distributing, performing, or displaying the work. Other examples include unauthorized music, videos, literary works, and software use. A Traverse Legal attorney can help identify instances of infringement, advise on the scope of your copyrights, and take legal action to stop unauthorized use and seek damages.
Trademark infringement involves the unauthorized use of a trademark or service mark on competing or related goods and services. This can lead to consumer confusion about the source of goods or services. Common examples include counterfeit products and unauthorized use of logos. An intellectual property attorney can assist in monitoring the marketplace, sending cease-and-desist letters, and pursuing litigation to protect your brand’s identity.
If another party sells, uses, makes, or imports an invention you’ve patented without your permission, that’s patent infringement. Examples typically include copying patented technology and producing products covered by a patent. An intellectual property attorney can help enforce your patent rights by identifying infringers, filing lawsuits, and negotiating settlements or licensing agreements.
Trade secrets include confidential business information that provides a competitive edge, such as formulas, processes, and customer lists. Misappropriation occurs when someone acquires, uses, or discloses trade secrets without consent. An attorney can assist in drafting non-disclosure agreements (NDAs), conducting internal investigations, and pursuing legal action against those who misappropriate trade secrets.
Design infringement involves the unauthorized use of a protected design, such as the appearance of a product or its packaging. When design infringement occurs, it can confuse consumers and diminish the value of the original design. Your Traverse Legal intellectual property attorney can help protect design rights, take legal action against infringers, and seek damages or injunctions to prevent further misuse.
Cybersquatting or domain name infringement occurs when someone registers, sells, or uses a domain name containing a trademark with the intent to profit from it. This can divert traffic from the rightful owner’s site and damage their reputation. An experienced lawyer can help reclaim the domain through legal channels such as the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
The internet has amplified the scope of IP infringement, with issues such as unauthorized streaming, digital piracy, and selling counterfeit goods online. An attorney can help implement strategies to monitor and combat online infringement by using tools like Digital Millennium Copyright Act (DMCA) takedown notices.
Protecting your intellectual property (IP) assets is vital for maintaining a competitive edge and ensuring your business’s financial success. Effective IP protection involves a combination of legal measures, strategic planning, and ongoing management. Here are key steps to protect your IP assets and how an attorney can assist you throughout this process.
The first step in protecting your IP assets is identifying and categorizing them. Types of protection include patents, trademarks, copyrights, and trade secrets. An intellectual property attorney can help conduct an IP audit to identify all valuable assets and appropriately classify them.
Registration provides legal protection and public notice of your IP rights. The registration process typically includes filing patents with the United States Patent and Trademark Office (USPTO) and registering trademarks and copyrights. Our legal team can assist with the registration process, ensuring you accurately complete all documentation and file it promptly.
Implementing confidentiality agreements is crucial for trade secrets and sensitive business information. Non-disclosure agreements (NDAs) protect information from being disclosed or used without permission. Your attorney can draft robust NDAs tailored to your business needs and ensure they’re enforceable.
Monitoring the marketplace for potential IP infringements is essential for maintaining the value of your assets. An attorney can set up monitoring systems to detect unauthorized use of your IP. If infringement occurs, they can take immediate action by sending cease-and-desist letters or pursuing legal action.
Creating a comprehensive IP strategy helps align your IP protection efforts with your business goals. You should, for example, decide which assets to patent or trademark, determine the geographical scope of protection, and plan for future IP development. A Traverse Legal intellectual property attorney can help develop and implement a strategic IP plan that maximizes protection and value.
Securing your digital IP assets is increasingly important with the rise of digital content and online business operations. Protecting domain names, online content, and digital products is critical. Your lawyer can advise on best practices for digital asset protection and assist in handling online IP issues.
Educating your employees and business partners about the importance of IP protection is critical. Train them to recognize and respect IP rights and understand the procedures for handling confidential information.
IP protection is an ongoing process. Regularly reviewing and updating your IP protections ensures they remain effective as your business evolves. Our experienced legal team can conduct periodic reviews and recommend updates to maintain robust protection.
Intellectual property violations can significantly harm your business, affecting your competitive edge and financial well-being. You must take prompt and effective action if another party violates your IP. Here are the steps to take if a person or entity violates your IP and how an attorney can help you throughout this process.
The first step is to identify the specific IP violation. Examples often include unauthorized use of copyrighted material, trademark infringement, patent infringement, or trade secret misappropriation. An intellectual property attorney can help you determine the nature and extent of the violation through thorough investigation and analysis.
Collecting evidence is essential to support your claim. This evidence includes documenting instances of infringement, gathering copies of unauthorized use, and compiling any communications or transactions related to the violation. Your attorney can assist in gathering and preserving evidence, ensuring it meets legal standards for admissibility in court.
Assess the violation’s impact on your business. You may have incurred financial losses, damage to your reputation, and other potential long-term effects. A lawyer can help quantify these impacts and advise on the appropriate legal remedies.
A cease-and-desist letter is often the first formal step in addressing IP violations. This letter demands that the infringer stop the unauthorized use and may include a request for damages or other remedies. We can draft a compelling cease-and-desist letter, ensuring it’s legally sound and effectively communicates your demands.
In many cases, parties can resolve IP disputes through negotiation and settlement. An attorney can represent your interests in these negotiations, aiming to achieve a fair and favorable resolution without prolonged litigation.
If negotiations fail, pursuing legal action may be necessary. This involves filing a lawsuit in the appropriate court and seeking remedies such as injunctions, damages, and attorney’s fees. Your intellectual property attorney can represent you in court, presenting a solid case and advocating for your rights.
Alternative dispute resolution (ADR) methods, such as mediation or arbitration, can offer a more efficient and cost-effective way to resolve IP disputes. An attorney can advise on the suitability of ADR for your case and represent you in these proceedings.
After resolving the immediate violation, take steps to prevent future infringements. Strengthening IP protections, monitoring for unauthorized use, and educating employees and partners about IP rights can help avoid issues. An attorney can help you implement these measures, ensuring ongoing protection of your IP assets.
One of the primary goals in addressing an IP violation is to seek damages and compensation for the losses incurred. These losses may include your actual and statutory damages and, in some cases, punitive damages. Your lawyer can help calculate the appropriate compensation and pursue these damages through legal channels, ensuring you receive fair compensation for the infringement.
Once you obtain a favorable judgment or reach a settlement, your lawyer can continue to enforce the terms. This might involve ensuring that the infringer ceases their activities, pays the agreed compensation, and adheres to any other stipulated conditions. A skilled intellectual property attorney can ensure that the infringer honors all judgments and settlements, taking further legal action if necessary to ensure compliance.
Educating your employees and business partners about the importance of IP protection and the steps to take if a violation occurs is critical. Regular training sessions can help create a culture of respect for IP rights within your organization. Your legal team can give you recommendations to help ensure your team understands how to protect your IP assets.
Ongoing monitoring and periodic reviews of your IP protections are essential to maintaining their effectiveness. An intellectual property attorney can help set up monitoring systems to detect potential infringements early and recommend updates to your IP strategy as needed.
By taking these steps and working closely with an intellectual property attorney, you can effectively address IP violations, seek appropriate compensation, and implement measures to prevent future infringements, ensuring your intellectual property assets’ ongoing protection and value.
In most scenarios YES! You should protect yourself and your assets when they are being infringed upon. Protecting your IP secures an economic advantage for your business. To protect and defend your unique ideas, products, and services, register them with the government and enforce your ownership rights.
The results of IP litigation vary from criminal fines to imprisonment for a defined amount of time. The outcome of the charges depends upon their severity and nature. In some cases, suspension or loss of business license is also possible.
You need to think twice before sending a trademark infringement cease and desist letter. While such a letter can improve and enforce your trademark rights, these letters can sometimes backfire. You need to fully understand your rights and the possible rights of the person you believe is infringing. Sometimes sending a threat letter can backfire, causing you to go from offense to defense in a hurry. Our trademark attorneys have you covered.
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Intellectual Property is a complex field that is better navigated by those with knowledge and experience in these matters. Traverse Legal’s internet attorneys are globally recognized for their experience and results in Complex Litigation, Technology & Internet Law, Trademark Registration, Trademark Infringement, Copyright Infringement, Domain Disputes & Cybersquatting Cases, Online Libel & Internet Defamation, Trade Secret Protection and Non-Compete Agreements.
Our Internet law firm can help your company, in-house counsel or trusted outside attorneys navigate the challenging issues presented by our increasingly online and connected world. Our lawyers handle a variety of complex litigation and intellectual property law issues in the following niche areas, including:
Contact us today for more information about our social media, brand, and influencer legal services.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
Trademarking can help prevent customer poaching from other businesses trying to imitate your brand. In some cases, the trademark can also offer some protection from copycat businesses doing things to damage your reputation.
A copyright attorney does handle federal copyright infringement cases, but most of their work is done outside the courtroom. These experts draft and review contracts, research potential violations, and send the appropriate paperwork to enforce their clients’ intellectual property.
Traverse Legal’s Trade Secret Attorneys understand that trade secrets give businesses a competitive edge and are experienced in protecting them. Whether your trade secrets are based on software, technology, manufacturing, product design, or otherwise, it is important to secure the trade secret protection of your business solutions.
Our law firm has experience arbitrating cybersquatting cases for domain name complainants and respondents under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) before the World Intellectual Property Organization (“WIPO”) and National Arbitration Forum (“Forum”).
We’re here to field your questions and concerns. If you are a company able to pay a reasonable legal fee each month, please contact us today.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
Frequently Asked Questions
You have questions. Our internet lawyers have answers.
When you create something, you want to protect it and ensure you are appropriately compensated when someone uses it. Often, the best way to protect your intellectual property is to speak with a legal professional. However, it is imperative that you find an attorney who has experience in intellectual property law.
Intellectual property lawyers nationwide ensure individuals and companies have legal rights over their creations. They can accomplish this through various legal processes such as:
The primary goal of our nationwide intellectual property lawyers is to protect our client’s IP. This can involve:
When you want to protect your intellectual property, you should speak to a law firm with the experience necessary to protect your interests. Traverse Legal has organization, communication, and technical knowledge to help our clients. Call our office today to schedule an appointment.
Intellectual property is a broad term, but it essentially describes intangible assets owned by an individual or company. The asset is also legally protected from outside use without consent. Intangible assets are non-physical things that a person owns. Conversely, tangible assets are physical property that someone owns. Intellectual property affords people the same rights for their intangible assets as those with tangible assets. There are legal methods to protect both kinds of assets.
Intellectual property cannot be held but is created by a human. Established companies are diligent when it comes to protecting their intellectual property. However, individuals might not be as keen to take the appropriate measures because they are unaware of their rights. While intellectual property is intangible, it is highly valued worldwide.
Intellectual property comes in many forms, such as logos, brand names, artwork, symbols, and designs, to name a few. Intellectual property is a valuable asset for any company, but it is not one that you can list on a balance sheet. Some intellectual property has an expiration date and may require amortization. This method accounts for the value of the assets over time.
There are a few common types of intellectual property you may have, including:
Intellectual property has rights for the individual or company that created the asset. Sometimes, these rights are infringed upon by people without the authority to use them. Intellectual property rights allow the individual to prevent others from mimicking, recreating, or exploiting the work. NDAs typically protect trade secrets, and it is challenging to infringe them. Patent, copyright, and trademark infringements are common.
It is essential to establish who owns the intellectual property and what the individual’s rights are. If someone else uses your property, you have legal options. Discuss these options with Traverse Legal by calling our office to speak to a nationwide intellectual property attorney.
Generally speaking, this area of law encompasses the ownership of creative property, such as artistic work or branding. It extends to various legal issues such as contract, tort, and competition law. Depending on the details of your case, you may face contentious matters. When a person or entity brings an intellectual property case, they try to protect their licensing, advertising, designs, etc. Sometimes, litigation is necessary to address these concerns. Another aspect of intellectual property law is when a person steals or infringes on the person’s IP rights.
Intellectual property law is crucial for specific industries. It is essential if the company focuses on innovation and invention. Examples would include the life science and technology sectors. These fields focus on investing in new products and research. IP law protects these ideas and products. This also helps the company grow.
The biggest hurdle for protecting intellectual property has been technology. While technology has allowed us to advance in research and innovation, it is also a double-edged sword. While you can protect a film, TV series, or music, many illegal websites have found ways to stream these intellectual properties. This is IP infringement.
Another intricacy of protecting intellectual property is where the infringements happen. When the infringement happens over two jurisdictions, the law becomes more complex. A nationwide intellectual property attorney is familiar with the laws across states and can find ways to protect clients.
Traverse Legal is a nationwide firm that offers legal protections to individuals and companies. We can review your individual needs and determine which intellectual property rights you have. We have the resources and knowledge to guide you if you are dealing with a potential infringement or other aspect of intellectual property law. Call our office today to speak to a local intellectual property attorney.
It is crucial now more than ever to protect your intellectual property as information is becoming more accessible to the masses. That means almost anyone can access and distribute your work. However, they can face legal consequences if you protect your intellectual property. Any product or work that stems from original thought could be protected under intellectual property law.
As a business, there are several steps you can take to protect your intellectual property. It can also lower the chances of infringement or theft. You will also have a legal foundation if someone steals your IP. Take these steps to protect your intellectual property.
Avoid discussing or sharing your ideas or works with anyone until you take adequate steps to protect them legally. You can discuss these ideas once the other party has signed a nondisclosure agreement. Refrain from promoting trade secrets on a public platform.
Ensure that you detail every aspect of your concept and original content. This can be crucial to proving that you came up with the idea. It is also vital if someone challenges your ownership. Add dates where possible.
When you have the necessary documentation, register a trademark immediately. This gives you an advantage over your competitors.
Work with your local intellectual property attorney to register any remaining relevant assets like creative works, trade secrets, and other IPs. You can also request an IP audit from your attorney.
Move quickly to invest in protecting your IP. Until you legally protect yourself, anyone can take your idea and create it. Once they do, you can face additional challenges.
When you want to protect your intellectual property, call the office of Traverse Legal to speak to our nationwide intellectual property attorneys.
Intellectual property rights are those given to parties that create something from their mind. The creator has these rights for a certain period. You may assume that it is protected forever since you thought of something. However, without the proper documentation, you could find someone else is profiting off your ideas legally, so it is best to speak to an intellectual property attorney.
If you have brand information, creations, or other proprietary information, you can establish your ownership of the intellectual property. This ownership ensure you can enforce your IP rights in the event of violations.
Ownership of intellectual property can include:
There are different procedures for establishing your intellectual property ownership, and each offers different protections against violations. Further, there are different remedies you can seek for violations depending on the types of IP in question. Our attorneys can identify the intellectual property protections that your business requires and advise on the process of doing so.
There are several ways that intellectual property violations can happen. Some prime violations include:
Remember, intellectual property can be sold, leased, or bought, so ensure your paperwork is in order before you seek a remedy for intellectual property violations. You might seek compensation, injunctive relief against the infringing party, and more.
Intellectual property protections are usually given for a finite time. Patents are standard for 20 years. Working with a nationwide intellectual property attorney who can advise you on your rights to regain your intellectual property is ideal. You want to ensure you have the correct legal documents filed. Traverse Legal is here to advise individuals, companies, and other entities. Call us today for more information.
The government creates laws that govern the way we live daily. Sometimes, laws vary by state and even city. Intellectual property laws are federal, which means they are handled on a national level. They may differ slightly, but the federal government will place regulations and review any new filings. Within the United States Constitution, there is a clause addressing intellectual property. Article I, Section 8, Clause 8, better known as the Patent and Copyright Clause. It gives Congress the power to create IP laws.
Congress has enumerated power to handle intellectual property laws nationwide. They can enact legislation for copyrights and patents. Regarding patents, the government branch can grant rights to inventors. These rights allow them to recover their investment and continue their research. While the phrasing for copyrights was previously focused on writings, the definition has slightly changed. It now extends to various artistic works.
There is one caveat to the power that Congress has. They can only issue exclusive rights for a limited time. Once this time expires, then the work can re-enter the public domain. At that point, anyone can use it. Another caveat within the clause is rights can only be granted when they promote scientific processes and useful arts. This is important since it prevents people from copyright or patenting broad ideas. The courts can grant rights as they deem fit within their interpretation of the law. Since these caveats exist, working with an intellectual property attorney is best.
An intellectual property attorney can explain your rights and the best protection to seek. We will also review the laws and how they can apply to your art. Traverse Legal is here to help. Call us today and speak to our team.
Creating a new product or idea is a milestone for many people. You will want to protect that intellectual property to reap the rewards of your hard work. Unfortunately, intellectual property infringement can impede your success. When someone infringes on your copyright, that is a violation, and it can lead to legal consequences. Infringement is an action that damages, erodes, or weakens IP rights. Your local intellectual property attorney can help you maintain your rights.
Since there is a vast amount of intellectual property, there are also several ways they can be infringed upon. Some infringements can diminish the original IP owner’s benefits. Theft of intellectual property is the most blatant type of infringement. However, there are other methods. Enforcement of IP rights can happen after the work has been registered.
A patent covers designs, machines, processes, and manufacturing. An infringement involves copying, appropriating, or selling the invention without the patent owner’s permission. These are federally protected so that cases will be tried in federal court. Copyrights cover creative works like songs, writing, photos, etc. A common infringement is someone uploading a copyrighted image to their website without permission.
Trademarks protect brands from identifying features like logos, brand names, and other business identifiers. An infringement is detrimental to the business and often involves using signs and symbols that confuse the general public. Trade secrets are confidential information and are typically protected by non-disclosure agreements.
Intellectual property infringement can lead to steep consequences since it is a federal issue. Consequences often involve steep fines and imprisonment. The penalties can be in the hundreds of thousands or millions. If you are facing intellectual property infringement, you have legal options. Let Traverse Legal review your case and how we can help. You can speak to our nationwide intellectual property attorney by calling our office.
Creative materials that are intellectual property but do not have an owner are referred to as public domain. These materials have no protection under intellectual property law. There are no patents, trademarks, or copyrights. The individual or author does not own these works, but the public does. This also means anyone can access and use the work without permission. There are some caveats to remember, which is why speaking to a local intellectual property attorney is best.
Individuals who access these works in the public domain can copy and distribute the materials, barring exceptional circumstances. There are four primary ways that something can enter the public domain, including:
Copyright expiration can vary depending on individual circumstances. When a work belongs to a singular author, the copyright will enter the public domain 70 years after their death. If the work was created by several individuals and published after 1977, the copyright is valid for 70 years after the last person dies. The last date for copyright protection for any given year is December 31.
Some works are not protected under copyright law. Some examples are the titles of movies or books. Short phrases, facts, theories, or ideas also do not fall under copyright law. There are some exceptions, such as when a collection of facts is considered a compilation and is protected under copyright. Remember copyright does not protect the idea outright but the way the idea is expressed.
If you own a copyright, you should stay updated on the renewal procedures and expectations. Traverse Legal can help you keep your copyrights in order. Call us today and speak to an intellectual property attorney.
When you create art, you want to share it with the world. It has come from an inspirational place, and you should not have to worry about someone stealing and profiting from your art. The best way to protect your art is by filing the appropriate documents to obtain a copyright. This means you are registering your art through public records. Once the copyright is granted, you can share your work without the fear of not having any legal protection.
Artists and creatives inspire the world through their art. Your success is contingent on the originality of your work. Some of the greatest works of art are extremely valuable because they are one of a kind. The value will significantly decrease when someone can easily replicate or use your work.
Aside from preventing other artists from reusing or replicating your work, a copyright can also stop businesses from using your art without permission. If a business uses your work, they should compensate you. Copyright can help ensure there is no unauthorized use.
If someone steals your art, you must prove that it is yours. The best way to do this is by having copyright paperwork. This can help you take legal action against the other party. Conversely, the other party must prove that the originator permitted them to use it. They are unlikely to prove this if you did not give them explicit permission.
Traverse Legal can help.
You should take the appropriate legal steps when you want to copyright your art. Ensure your documents are filled out correctly, and you understand the renewal and expiration. Our intellectual property attorneys can assist if you have a copyright and someone steals your art. Call us today.
Intellectual property patents, trademarks, and copyrights extend to the United States territory. However, these legal protections may not transfer over if you plan to do business internationally. In most instances, a person who wants to protect their creation in another country must file the appropriate documents in that country. Local laws can also impact your trademarks and copyrights in these jurisdictions. Speak to our nationwide intellectual property attorney to address IP law abroad.
Before you work with any business internationally, you should search the U.S. Commercial Service website to ensure there are no current IP violations. You will then want to work with your intellectual property lawyer to record your U.S.-registered copyrights and trademarks with Customs and Border Patrol.
Currently, there are no international copyright laws. However, you may enforce your copyright if the other country has signed international IP protection treaties. Some of these treaties absolve you from registering your work in every country. Before you take any additional steps, speak to legal counsel from Traverse Legal.
When you get a U.S. patent, it will not have any protection overseas. It does not have the same rights or rules as copyrights may. You must have a U.S. one before you can file for an overseas parent. Trademarks have similar restrictions as patents when it comes to overseas protections.
Every country has different laws regarding intellectual property. Almost anyone can use your ideas if you do not have a copyright, trademark, or patent abroad. This might not be an issue if your business stays in the United States. However, it is something to explore if you are looking to open or are already shipping internationally. Traverse Legal can help assess the best way to protect your work when you call us.
When you have a business, there are various aspects that you want to protect. You want to ensure your branding is noticeable and is not confused with anyone else. There are multiple ways you can protect your intellectual property. The four primary are trade secrets, patents, copyrights, and trademarks. When protecting your company logo, you will want to use trademarks.
Trademarks are intended to protect companies or inventors from having specific intellectual property stolen. They focus on sounds, symbols, logos, colors, and words. When you trademark your logo, no one can use it without your explicit consent. This helps companies differentiate themselves from others. This is a significant aspect of branding. If someone uses your logo without permission, you can take legal steps to enforce your rights.
Sometimes, a trademark registration will last forever with the caveat that the company continues to use it. The entity must also renew it every ten years. These factors make safeguarding your business one of the most significant aspects. Your logo is what people will recognize your business by, and you must protect it. One hurdle you may face is if the logo resembles a competitor. You might be ineligible to trademark the logo because it could confuse the public.
The best way to enforce your trademark rights is by getting assistance from a nationwide intellectual property lawyer. Traverse Legal will guard you against actions by other individuals that infringe upon your rights. We will do this by litigating your case in federal court. There could be criminal prosecution when enforcing your IP rights.
You can protect your intellectual property by documenting, registering, and implementing nondisclosure agreements. For further assistance, speak to a nationwide intellectual property attorney from Traverse Legal. Call our office and talk to our team today.
