Understanding Florida’s intellectual property laws is vital when protecting your written product, trademarks, and inventions. Intellectual property laws operate at both the state and federal level, and registering for protection at both levels is the most ironclad way to protect your work.
An experienced intellectual property attorney is prepared to evaluate your rights under the law when you wish to register a new copyright, patent, or trademark. While federal protection is certainly necessary, the Lomnitzer Law Firm can also talk with you about the benefits of securing your work at the state level.
There are three main types of intellectual property that derive their power under federal laws: patents, copyright, and trademarks. People and businesses seeking to register for these protections must do so through the relevant federal agency. Patents apply to new inventions, while trademarks grant the source the sole right to use a logo or other identifying mark for a company. Copyright applies to all written or published material, like books, music, or films.
Obtaining intellectual property rights grants you the sole ability to use the subject for financial gain or authorize others to use them in a licensing agreement. You can also demand that others stop infringement and even file lawsuits in federal court that seek out compensation for your damages. Our lawyers are well-versed in federal IP law so that you can receive protection no matter where an infringement occurs.
Most intellectual property rights flow through the federal government. However, Florida also maintains its own trademark registry and intellectual property laws. The state’s Division of Corporations allows individuals and businesses to apply for trademark protections at a local level. Much like at the federal level, this allows the source of trademarks the exclusive right to use that intellectual property in the state.
It also creates a cause of action in Florida state courts in the event of an infringement. An infringement of a Florida trademark is substantively the same as an infringement of a trademark with federal recognition. A lawyer could provide more information about obtaining state protection for trademarks and determine when a state-level court is an appropriate venue to take your case.
We are sometimes asked if Florida has any relevant intellectual property laws. In general, IP laws give you the sole legal authority to use an invention, display a piece of art, or do commerce with a company logo. These rights derive from both federal and state laws.
Federal procedure should be sufficient to protect most subjects but Florida does have its own trademark protection system which can be beneficial to certain businesses. Reach out to the experienced team at Lomnitzer Law to hear more about the protection of intellectual property rights in Florida and nationwide.