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Intellectual property (IP) infringement is a death knell to many businesses when profits are siphoned into the coffers of those who infringe on copyrights, trademarks, and patents. Federal lawsuits should always be considered, but before you try to litigate your claim, there is an option that our trusted IP attorneys recommend.
Often, putting the offending party on notice can stop infringement in its tracks and is the first line of defense you can employ. Letting an infringer know you will act on their impropriety halts more than 90 percent of intellectual property infringement. When you are the holder of intellectual property that someone is infringing upon, a Boca Raton IP cease and desist lawyer could compel them to stop.
Trademarks protect names, slogans, logos, sounds, and colors that identify a product via their connection. They are registered for protection under the Lanham Act with the U.S. Patent and Trademark Office (USPTO).
Registering copyrights protects artistic expressions, such as books, photos, songs, films, plays, architectural design, computer software, and websites. This is done with the United States Copyright Office.
Patents protect inventors of unique products by excluding others from making or selling the same product. Patents must be registered with the USPTO to afford the inventor the protection.
Often, it is beneficial for all concerned parties to settle an IP infringement case without costly and lengthy federal court litigation. The first step a Boca Raton attorney will take is to send a cease-and-desist letter to an IP infringer. Knowing that the source of the IP is on to them often brings the infringer to the table to settle the dispute.
Similar-looking trademarks can confuse consumers who assume it is the same as the original or it might be representing counterfeit products. The cease-and-desist letter should introduce the trademark holder, detail the use of the trademark by the legal owner, and explain how the infringer has confused the public. Additionally, it should outline what they should do to avoid a federal lawsuit, including:
The cease-and-desist letter, which can be written by a Boca Raton lawyer, concludes with a stern warning that non-compliance will result in a federal lawsuit for intellectual property infringement.
Copyright infringement could include posting a novel online or downloading a song without paying for it. The letter a copyright holder dispatches is similar to that of a trademark holder, with an introduction, details about the infringement, and the definitive steps to be taken if the infringer does not stop the illegal behavior.
When copyrighted material is on social media, owners can rely on the Digital Millennium Copyright Act (DMCA) to enlist social media sites with copyright enforcement.
When a patented product is being sold by someone other than the patent holder, the cease-and-desist letter will detail, even to the point of graphics, how the party infringes on the patent holder’s invention. The letter can also demand a licensing fee, cessation of infringement, and destruction of inventory replicating the original products or services.
Your ability to control what you have created is a bedrock for American exceptionalism. Our attorneys are here to support that by denying IP infringers any profits they may try to steal from you.
We do that by deploying cease and desist letters that avoid litigation more than 90 percent of the time, but stubborn infringers who ignore them will find that we are experienced litigators. Make a call to our Boca Raton IP cease and desist lawyer to discuss your next steps.
