Intellectual property refers to a wide range of creative expressions for both artistic and commercial purposes. Your artwork, business logos, and inventions can be valuable pieces of intellectual property because of their ability to establish your brand and fill and economic demand. The value of your work can make it a target for infringement that can cause significant harm and financial loss. Our Miami intellectual property infringement lawyers can provide legal support in these cases by protecting your rights in court and recovering compensation for related damages. Learn more about how to identify infringement when you speak with a seasoned intellectual property attorney.
Intellectual property infringement generally refers to the misappropriation of a person’s creative expression in violation of the owner’s rights under state or federal law. In most cases, intellectual property owners will have the following exclusive rights to their creative work:
Specific acts that constitute intellectual property infringement in Miami will depend on the nature of the creative expression and the existence of any defenses that may apply. For example, the fair use doctrine may protect others when using copyrighted work, while a trademark infringement claim may not apply if there is not likelihood of confusion between the marks.
Intellectual property owners can protect the value and rights of their creative expressions in a tangible form by registering their claim to it. Registration of intellectual property provides several important benefits to creators, including rights regarding infringement claims. First, registration establishes a legal presumption of ownership, the date of creation or first use, and notice to all other parties about these facts. Second, registration enables owners to file infringement claims in federal court and recover statutory damages not necessarily available at common law.
A person can register trademarks and patents through the United States Patent and Trademark Office. Registration through the U.S. Copyright Office is available for all other original creative expressions, including written words, art, photography, and motion pictures. An experienced Miami lawyer can help creators reduce the risk of IP infringement by determining the correct type of registration. Each registration process has strict eligibility requirements and a detailed application that creators or their representatives must properly complete.
In general, IP holders will need to complete an application, pay the appropriate filing fee, and submit relevant copies or specimens of their intellectual property.
Filing an intellectual property infringement lawsuit is the primary vehicle a Miami lawyer can use to protect clients from violations of their rights. A successful infringement claim can offer several protections to the owner of intellectual property through a court order or settlement, including the following:
The type of intellectual property subject to infringement will determine the statute of limitations for a Miami lawyer to file a lawsuit on the IP holder’s behalf. For example, patents have a six-year statute of limitations while copyrights only have a three-year limitation period.
You should have a proactive approach toward protecting your intellectual property so you can preserve your rights to it, deter future use, and recover compensation for losses. Our Miami intellectual property infringement lawyers could file a strong claim against those misappropriating your work and advocate for your interests in court. Schedule a consultation with The Lomnitzer Law Firm today.
