Intellectual property can take many forms. Not only can a person apply for the protection of their unique works of written art, but federal laws also provide for the registration of artistic productions, trademarks and slogans, chemical formulas, computer code, and video footage. In short, almost any material that is the product of your creative mind is eligible for protection that prevents others from profiting or otherwise using that intellectual property.
A West Palm intellectual property lawyer is prepared to help individuals and businesses protect their creative assets. This includes assisting with the registration process and protecting your rights in the event of an infringement. As a result, a skilled attorney from Lomnitzer Law is ready to provide both immediate and long-term support.
One way in which a West Palm intellectual property attorney could help is by advising individuals and businesses in registering their material with the proper agency. The exact agency that has jurisdiction over this matter will depend upon the nature of the material itself.
Many entrepreneurs will want to file for patent protection. This includes situations where a party has a new invention, computer code, or chemical formula. The United States Patent and Trademark Office allows any person or company to submit formal applications for patent protection on new inventions. Similarly, this same office provides for trademark protection. Trademarks are a logo or other identifiable mark that informs others about the party’s ownership or creation of a product. More recently, athletes have begun trademarking their name, image, and likeness for commercial use.
The other major category of intellectual property is known as copyright. This applies to artistic material that the source creates. Common examples of copywritten material include:
Requests for copyright protection move through the United States Copyright Office. Much like in requesting patent or trademark protection, a West Palm IP lawyer advises someone on how to properly register with the USCO so that all of their legal bases are covered.
Simply registering for IP protection is not enough to protect a person’s or company’s interests. It also requires constant vigilance as to how another party may be misappropriating or profiting off one’s hard work without their consent. This is known as infringement.
Registering for trademark, patent, or copyright gives that party the sole ability to use, produce, or distribute the material in question, as well as to grant permission to others. Another person’s failure to abide by these rules may give the owner the right to seek out compensation and/or to demand they cease the infringement immediately.
35 United States Code § 271 describes patent infringement as any unauthorized sale, use, or offer to sell another’s intellectual property. Similar concepts apply to the federal trademark and copyright laws. An intellectual property lawyer in West Palm can provide more information about infringement, evaluate whether a person’s actions constitute infringement, and demand appropriate remedies through negotiations and lawsuits.
Creating a new invention, work of art, literary work, creative expression on a tangible form, or commercial symbol comes with many advantages. Prominent among these is the ability to ask the USPTO or USCO for intellectual property registration. The holders of these rights have the sole ability to produce an item, display a work of art, dispute their work, or perform their work. In addition, it allows the holders of IP rights to demand remedies in situations where another party infringes on those rights.
A West Palm intellectual property lawyer is ready to serve your needs. Our lawyers can register your work with the relevant federal agency to obtain the protection that you need. We also pursue lawsuits that demand appropriate remedies whenever your intellectual property rights have been infringed. Speak with a member of Lomnitzer Law to discuss your current needs.