Your intellectual property is among your most valuable assets. Not only does ownership grant you the exclusive rights to produce and distribute copies of your work, or use trademarks in commerce, but it also allows you to pursue abusers of your property for damages. Proper protection of intellectual property is a constant process. In addition to securing patents, copyright, and trademarks upon the creation of a new work or process, it is essential to be able to identify infringements on those rights and demand appropriate remedies from infringers.
A Delray Beach intellectual property lawyer could help you in both of these areas. A skilled attorney from Lomnitzer Law sets you up for success by assisting in registering intellectual property and identifying infringements on your IP with the prospect of taking it to court.
Taking the appropriate steps at the local and national levels to protect intellectual property is a part of ownership. Even before a company or individual in Delray Beach attempts to monetize their asset, they must take steps to secure their legal rights. Applying for a patent, a copyright, or a trademark is an essential part of this process.
A trademark is the exclusive right to use an identifiable sign (often a logo) connected to the company for commercial purposes. Copyright is the ability to make copies of original written content such as a book, movie, or even computer code. Finally, a patent gives the holder the exclusive rights to make, use, or sell an original invention.
The United States Patent and Trademark Office (USPTO) oversees the analysis and awarding of intellectual property rights for inventions and commercial logos, while the United States Copyright Office (USCO) does the same for works of art and written documentation. A Delray Beach intellectual property attorney could help interested parties take the necessary steps to obtain these protections before starting operations or putting their creation out into the world.
Obtaining IP rights through the USPTO or USCO is only part of how an intellectual property attorney could help. Even after someone begins promoting their work or business, they must keep track of their IP to ensure enforcement at both the local and federal levels.
Intellectual property infringement gives the owners a civil cause of action to demand compensation. For example, 35 United States Code § 271 defines patent infringement as any unauthorized use, sale, or offer to sell another’s intellectual property. Furthermore, 35 U.S.C. § 281 states that the holders of IP can demand remedies from infringers. These remedies can include monetary damages, an injunction demanding an immediate halt to the infringement, destruction of illegal copies, and attorneys’ fees.
Pursuing civil lawsuits after intellectual property infringement is another way in which an intellectual property lawyer could help the holders of IP in Delray Beach. After discovering infringement, a lawyer could send a cease-and-desist letter and demand appropriate remedies in and out of court. Furthermore, they provide insight into licensing out the work for others to use in exchange for payment.
Some of the most valuable property that a business or individual owns is its intellectual property. However, a party only truly owns these assets if they move to protect them under federal patent, trademark, and copyright laws. A Delray Beach intellectual property lawyer will work with you to secure these rights according to federal procedures.
However, our partnership with you does not stop there. It is often necessary to defend your intellectual property if someone else claims it as their own or looks to reproduce it illegally. You may need to defend these rights through negotiations or in civil court. Reach out to Lomnitzer Law today to learn how we assist in protecting your original creations.