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As a business owner or artist, you understand the value of innovation. Your unique property, from inventions to logos to published works of art, allows you to reassure consumers they are dealing with the real thing and not an imposter.
Unfortunately, unscrupulous businesses may try to use or abuse these valuable assets to your detriment. Federal law provides you with the chance to not only register your ownership but also to seek compensation from those who have attempted to defraud you. A skilled IP protection attorney could answer your questions and help you navigate the legal system. Before attempting to resolve this conflict on your own, reach out to a Miami intellectual property litigation lawyer from the Lomnitzer Law Firm to discuss effective strategies.
Protecting intellectual property starts with careful planning. By registering these assets with the appropriate government entity, it will be much easier to win at trial or avoid the need for legal action entirely.
There are two entities that oversee the registration process: the U.S. Patent and Trademark Office and the U.S. Copyright Office. These federal agencies allow creators to provide formal notice of their IP rights.
Having a valid trademark, copyright, or patent in place can greatly improve the chances of a favorable outcome in the event of litigation. The courts are more likely to rule in favor of a party with existing recognition under the law. An intellectual property attorney in Miami provides experienced counsel when registering IP for protection.
Not all IP litigation is the same. The issues at play in a copyright lawsuit are very different from those in a patent dispute. In any of these scenarios, the guidance of a Miami intellectual property litigation attorney will be invaluable.
The creator of a piece of art has the right to register a copyright and be the only one to profit from its distribution if they so choose. These laws apply to books, films, paintings, photographs, or music, among other things. Unfortunately, rights are not always respected. Litigation is typically necessary when these works are unlawfully reproduced or when they are displayed in public without authorization.
Trademarks are helpful for any business hoping to grow their brand or protect their image. This type of intellectual property distinguishes a company from its competitors and protects consumers’ confidence by using familiar logos, color patterns, slogans, sounds, or symbols. It is possible to register these marks to prevent other companies from confusing potential customers, but enforcing these rights requires effort.
Trademarks are not self-policing. The holder of the mark is required to defend any breach, which involves suing companies that infringe on a design that is closely linked to the protected business. It is also possible to pursue litigation to cancel infringing trademarks.
Litigation involving new designs or inventions can be contentious. When a person holds a patent, they have exclusive rights to manufacture or license that product. Anyone attempting to monetize the protected invention could face legal action.
Handling this type of IP litigation in Miami takes more than a clear understanding of the law – it requires an advocate who is tenacious and examines all aspects of the case to find the best path forward.
When your IP rights are violated, the ability to earn a living or profit from your creation may be at risk. A Miami intellectual property litigation lawyer can help you protect yourself by sending a cease-and-desist letter or even filing a lawsuit on your behalf. Reach out today for a private consultation and discover why people trust Lomnitzer Law to fight for them in matters of infringement.
