We can often see how a large number of intellectual property violation cases are taking place out there in the world. If you are negatively impacted by it, you need to think about getting the support and assistance offered to you by an intellectual property lawyer.
Understanding intellectual property violation
Intellectual property rights give the creator protection against any unauthorized manufacture, reproduction, use, sell, or offer to sell. Different types of intellectual property have different categories of protection available as per US laws. These federal laws are applicable to all states, be it Florida or Illinois.
Whether you have written fiction or invented the machine, you must have exclusive rights over it. After all, it is your brainchild. Let’s discuss what happens if there is any sort of infringement of these rights.
Copyright Infringement: The US Copyright Office provides registration for all types of literary, artistic, or scientific written works. However, enforcement is not within their domain. If you think that someone has made copy/copies of your creation, you need to take the matter to a federal court.
Before you consult an intellectual property attorney in your city for representing your case, you need to obtain an official certification of registration from the office. Otherwise, it won’t be possible to fight your claim at the court.
Trademark Infringement: Numerous businesses have a certain symbol (sign/letter/word/phrase) that represents them. Once you see this, you know the brand that the symbol stands for. Using the symbol of a particular business for your own commercial benefit is an infringement of the trademark.
Suppose you find another business is using the same mark that symbolizes your business. If your trademark is registered, get in touch with a local intellectual property attorney now. Why contact a local legal professional? If you live in Chicago and your attorney lives in Rockford, it would be difficult to work with him. You need a Chicago intellectual property attorney for legal aid.
Patent Infringement: If there is unauthorized use of the patented product or process, it is a case of patent infringement. When you file a patent document, it contains the ‘claims’, i.e. the aspects that are novel in your invention and to which you, the inventor, has exclusive rights. Infringement only occurs if those claims are violated.
The first step in almost all such cases is the issuance of an injunction, or Restraining Order, to stop further infringement. The next step is a bit more complicated. You need to prove the occurrence of infringement.
In case infringement is proved at a court of law, you may be able to recover actual damages as well as additional damages like loss of income, punitive damages, and so on. The court may also grant reasonable attorney fees if you can prove the charges.
What can your intellectual property lawyer do about it?
Now you have a clear understanding of what intellectual property infringement is all about. While keeping that in mind, you should take a look at the services that you will be able to obtain from an intellectual property lawyer. Along with that, you can obtain the services and make sure that you are safe at all times. This will help you to stay away from the frustration associated with intellectual property violation and the hassle created by it.
When an intellectual property of your company is violated, you will be able to go ahead and obtain the services offered by a San Francisco Intellectual Property Lawyer. Then your case will be analyzed in detail. Along with that, the lawyer will be able to confirm whether your IP rights have truly been violated or not. If you have come across such a situation, you will be able to go ahead and file a lawsuit against the company or individual that violated it. This is where the lawyer will guide you through the process and help you to file the lawsuit.
An intellectual property attorney has a clear understanding of most of the business transactions that take place out there in the world. As a result, he will be able to work along with another legal representative and deliver a better service to you.
No matter what, your intellectual property rights attorney will be able to help you with keeping your IP protected from external sources. In addition to that, the lawyer will make sure that there is no possibility for the IP rights to infringe. You will be able to contact your lawyer and confirm the fact whether your IP rights are violated or not. If they are violated, you can obtain the subsequent services, where you can overcome the hassle created by the IP rights violation that you are dealing with.