Securing intellectual property rights through the registration of a patent, trademark, or copyright is essential for protecting your profits and business. One of the most important benefits of registration is the right to pursue litigation against any party that infringes upon your IP rights. This litigation can demand an immediate halt to the infringing behavior and seek compensation for your losses.
A West Palm intellectual property litigation lawyer may be able to help individuals and businesses protect their IP rights through litigation. Our fierce intellectual property attorneys could demand a stop to the infringement, evaluate the actions of others to determine if they fit within the definition of illegal activity, and request proper remedies from United States District Courts.
The United States Patent and Trademark Office and the United States Copyright Office are the federal agencies that allow individuals and businesses to seek intellectual property rights for their creations and ideas. Registering a patent, trademark, or copyright with these agencies serves as public notice that a party has the sole right to use, produce, or display this property.
Registering with these agencies also gives an owner the right to file lawsuits demanding an end to infringing behavior. As a result, a West Palm intellectual property litigation attorney’s first step is often to confirm a client’s IP rights with the relevant registration agency. The lawsuit will be much harder if there is no formal registration to offer as evidence.
In simple language, an infringement is an action that a party takes which violates the intellectual property rights of another. As stated above, registering for IP protection grants an owner the sole legal right to use that property or license it out to another.
35 United States Code § 271 describes patent infringement as any unauthorized sale, use, or offer to sell another’s intellectual property. As a result, an infringement involves any unauthorized use of that property. For example, an infringement may include:
An intellectual property litigation lawyer in West Palm could provide more information about the concept of an infringement and evaluate the actions of others to determine if legal action is necessary.
When it becomes clear that another party has infringed upon the IP rights of another, it may be necessary to initiate the litigation process. This often begins with the issuance of a cease-and-desist letter. This letter informs the infringer of a client’s right to IP and demands that they end their infringing behavior. This action may be sufficient to make things right and put the matter to rest.
However, situations can arise where an infringer refuses to stop or when their actions have resulted in economic harm. When this occurs, filing a lawsuit in a United States District Court may be the right step. These lawsuits can demand an end to infringing behavior and also seek out economic damages, including, but not limited to, attorney’s fees. In many cases, these payments can cover an IP holder’s actual losses and demand compensation beyond this flat amount. An attorney is prepared to take all necessary action to protect the intellectual property rights of clients.
Holding intellectual property rights in the form of a trademark, patent, or copyright means that you have the right to demand that others stop profiting off them without consent. This can take the form of sending a cease-and-desist letter or filing formal lawsuits in United States District Court. Damages and injunctive relief might be available in certain situations.
A West Palm intellectual property litigation lawyer could work with you to put a stop to this illegal behavior. We can help you identify when infringement occurs, confirm your IP ownership, evaluate the actions of infringers, and demand appropriate remedies through negotiations and lawsuits. Speak with the attorneys at Lomnitzer Law now to get started.