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From works of art to complex mechanical designs, intellectual property comes in many different forms. Federal law provides for the protection of these creative works, but registration is generally required. When you need to ensure your rights are protected, The Lomnitzer Law Firm could help with this process.
There are many nuances to IP laws which require a legal professional with extensive knowledge. A Broward County intellectual property lawyer is ready to assist with registering your creation and defending your rights in court when another party uses it without permission or accuses you of infringing on their own work.
There are three primary categories of intellectual property that a person or business can utilize: patents, trademarks, and copyrights. Each serves a unique purpose with its own set of procedures and requirements. An intellectual property attorney in Broward County could consult with an individual or business on how to navigate each of these procedures.
A patent protects the novel, unique work of an inventor. When it is registered, it prohibits other parties from making, selling, or using these designs for commercial gain. It is important to remember that while anyone can attempt to register a patent, the office is not obligated to accept it. Designs must be unique and useful to be granted this protection. If an invention is useless, offensive, or already covered by an existing registration, an application will be rejected. These applications can be provisional or nonprovisional and a lawyer could assess whether a person’s application is likely to be accepted or rejected.
A trademark is used by companies to ensure their logos, branding, and catch phrases cannot be exploited by competitors. They exist to ensure consumers are not bombarded with imitation businesses hoping to confuse customers.
Trademarks are frequently used for business logos, but there are other viable applications as well. A company can ultimately trademark most things that distinguish it from competitors, including symbols, phrases, color schemes, and words, and many elements of corporate branding may be protected.
The final category that a Broward County intellectual property attorney might assist with is the registration of copyright. These cover artistic material and can apply to things like poems, music, books, films, sculptures, or theatrical productions – even online content like OnlyFans, which has seen a surge in popularity. Like with patents, it is also possible for the owner to license their work to others for a fee.
It is a common misconception that full copyright protection attaches automatically the moment a work of art is created. In reality, the creator only secures full rights when they go through the U.S. Copyright Office. Having a public record of ownership may deter fraudulent use and can strengthen the argument in an infringement case.
Registration is only the first step in protecting a person’s creative expression in a tangible form. When another party infringes on the rights of the holder, and either results in a loss of revenue or brand confusion, legal action may become necessary. Infringement involves any attempt to profit from a trademark or copyright without the authorization of the owner.
The IP holder in Broward County has the exclusive right to use the IP as they see fit, including licensing it to other parties. This can lead to conflict, especially when the relationship between both sides falls apart.
When the unauthorized use of intellectual property becomes obvious, a Broward County attorney is available to represent the holder. A successful lawsuit could result in a monetary award that also includes attorney fees and injunctive relief that prohibits further infringement. We can also represent those who have been falsely accused of lifting intellectual property.
As a creative person or a business owner, protecting your profitable creations is one of the most important things you can do. No one should be able to earn money from the things you make or design without your expressed approval.
A Broward County intellectual property lawyer looks to protect you from all angles and ensure proper maintenance of your IP. Reach out to the Lomnitzer Law Firm as soon as possible for a private consultation with one of our experienced legal professionals.
