If you have a copyright, patent, or trademark, you are afforded certain rights, such as the right to prevent others from using your creation, invention, or identifiable symbol without your permission. When a person or entity infringes on your intellectual property, you may have a legal cause of action against that party.
There are multiple types of intellectual property infringement, including contributory infringement, which refers to liable parties who may have directly or indirectly allowed the theft to occur. A Boca Raton contributory infringement lawyer evaluates your potential claim, advises whether you may have grounds to proceed with litigation, and fully protects your rights under the law.
Intellectual property infringement can take a variety of forms, can involve trade secrets, patents, trademarks, or copyrights, and could be conducted both directly and indirectly. You may have a claim for direct infringement if you catch another person or company unlawfully using your registered copyright, trademark, or other intellectual property.
However, you can also file a contributory infringement claim if you identify a perpetrator who knowingly assists another person in infringing upon your intellectual property rights. Contributory trademark infringement is one common type that lawyers see all the time.
When one party induces or contributes to another party’s infringement of a protected trademark, the former may be held liable for contributory trademark infringement. For example, an e-commerce website that helps facilitate the sale of counterfeit goods could be liable in a contributory trademark proceeding.
An attorney in Boca Raton could also assist with contributory copyright infringement cases. Hosting a website that provides illegal downloads or sharing pirated content are actions that could open a person or entity up to this secondary liability claim.
To prove that the defendant in a contributory copyright infringement case is liable for damages, the plaintiff must show the defendant had actual or constructive knowledge of direct infringement, and that the defendant materially contributed to the infringing act. A reputable IP protection attorney knows how to identify this liability and act to hold them accountable.
An inventor, artist, performer, musician, author, athlete, or entertainer must seek legal help if their IP is being infringed. The elements required to prove contributory infringement will vary depending on the type of intellectual property involved, as well as with circumstances specific to the case.
Similarly, a Boca Raton lawyer could also work with an individual or entity accused of contributory infringement for someone else’s actions – there may be certain defenses that show they should not be held liable.
An IP holder could be entitled to multiple types of compensation as the plaintiff in a successful contributory infringement claim. Compensation could include lost profits, actual monetary damages, court costs, attorneys’ fees, and even punitive damages.
Intellectual property laws are designed to protect works of creative expression, such as music, designs, literary pieces, names, images, inventions, and trade secrets. When that intellectual property is infringed upon, the creator may be justified in seeking legal recovery from the infringing party, such as lost profits and monetary damages.
A Boca Raton contributory infringement lawyer explains how you can name defendants beyond the party that is clearly profiting off your lifted ideas. Get the help you need by calling the Lomnitzer Law Firm.
