What Is Intellectual Property Litigation?
Intellectual property is a hot commodity, and everyone seems to be on the hunt for the next big idea. However, some people have a less than ethical approach to gaining intellectual property. Keep reading to learn how you can protect your IP. Our attorneys understand the Intellectual Property litigation process.
Intellectual Property Protection
IP protection can take many shapes and sizes depending on your situation. Patents can protect your invention and ensure that only you have the right to make, sell, and distribute your product.
Trademarks protect the source of a service or product and prevent other entities from using the same resources or terminology to advertise their products or services.
Copyright ensures that certain work is safe from plagiarism, including:
- Literary
- Dramatic
- Musical
- Artistic
- And intellectual works
Whether you use a patent, trademark, or copyright, you must protect your IP with the help of a trained legal professional.
What can go Wrong in IP?
When something becomes valuable, businesses and interested parties will sometimes take the quest for acquisition a little too far. Patents, copyrights, and trademarks provide legal protection from intellectual property theft, but infringement is still a major issue.
Patent Infringement
There are two kinds of patent infringement:
- Willful
- And unintentional infringement
What Is Willful Infringement?
Willful infringement refers to a situation where one party knowingly and purposefully enforces another party’s patent without permission.
What Is Unintentional infringement?
Unintentional infringement often happens because “great minds think alike.” In other words, two inventors may come up with a similar idea independently, so the first one to prove that they are the first to invent the product usually gets the patent.
Also, keep in mind that just because one product looks like another doesn’t mean patent infringement is involved. Some products use completely different technology to accomplish a similar goal, but they are two different products at the end of the day. Always consult an attorney before you file an infringement claim to ensure that your case is court-ready.
Copyright Infringement
You may (or may not) have noticed YouTube videos disappear or little notices at the bottom of a Google images search page that says something like “some images have been removed due to copyright.” When this happens, there’s probably a copyright infringement issue.
Images, videos, song lyrics, and other works can be copyrighted against plagiarism or unlawful use. That’s why when you use an image for a social media post or use a popular song in a video, always check to see if the photo or song is available for public use.
If you’re the owner of a copyright, it can be frustrating when other people profit from your hard work. Copyright infringement is extremely common despite the legal consequences, but you can file a lawsuit to defend your IP. Before you file a lawsuit, always speak to an attorney about your legal options.
Trademark Infringement
If a company or seller uses a trademarked logo or service mark without authorization, they commit trademark infringement. Companies often trademark the name of a specific product to ensure that they stand out among competitors.
Trademark research is a huge part of the process, but most people don’t take the time to do their part to avoid litigation. Hire an attorney to guide you through the trademark application process from beginning to end to protect your IP.
Where Do I Start?
If you have an invention, idea, or body of work you want to protect, contact a lawyer as soon as possible. At Elliott Law, we understand how valuable your IP is to you and the risk of infringement. Our team works tirelessly to help our clients choose the right IP protection for their situation and guide them through the process from start to finish.
We’ve helped clients just like you apply for and enforce their patent, trademark, or copyright. Contact Elliott Law to learn more about how we can help you protect what matters.