As an entertainer, performer, artist, or inventor, your intellectual property is one of your primary assets. If those assets are infringed upon or challenged, you need a fierce legal advocate to safeguard your rights and interests at every turn.
The unauthorized use, distribution, or duplication of intellectual property can be deemed infringement, including infringement of trade secrets, patents, and trademarks. If you believe that your creative ideas are being used without your permission, you should speak with an intellectual property attorney as soon as possible to advise what legal recourse is available to you.
When a person or company violates the intellectual property rights of another, they are leaving themselves open to legal action. There are numerous types of intellectual property rights and forms of infringement, such as with copyright, trademark, and patents.
A copyright refers to the legal right the registered owner of an original creative work retains to distribute, share, display, or perform that work. A registered trademark is a symbol, phrase, or word that serves to legally differentiate the source of a product or service. Patents can be registered to help protect an invention against illegal use, sale, or reproduction. Any unapproved use, sale, or distribution of assets that are categorized as intellectual property may be considered an infringing act.
When your IP is used without your approval, an attorney can first correspond with the infringing person or company to request that they cease all such activities. However, while this is often able to put the matter to rest, it is not always enough to stop the infringing action. We can help you take the infringement case to litigation and file a lawsuit if the wrongdoer continues to act unimpeded.
An attorney could help you calculate the value of the actual damages you have suffered from the infringer’s actions and consult with expert witnesses who could determine the value of the defendant’s profits. Both damages and lost profits may be recoverable in a successful lawsuit, along with injunctive relief and attorney’s fees.
You will need to prove that the defendant acted intentionally and must overcome the opposing party’s potential defenses. An attorney might also help you take preemptive action to mitigate risk of intellectual property disputes, draft any license agreements, and carry out routine audits to spot potential infringement risks.
If someone’s illegal reproduction or usage threatens ownership of your intellectual property, you may have grounds to seek legal damages through litigation.
The Lomnitzer Law Firm can send cease-and-desist letters, establish your losses, and draft essential contracts – and even move to litigation if other actions do not stop the infringer. Contact our team now to book your free consultation and discuss your situation.
