Intellectual Property Lawyer

Intellectual property cases continue to increase dramatically. An average of 12,000 intellectual property cases are filed yearly in the U.S. Disputes regarding intellectual property can arise in any business, small or large. Intellectual property is protected by state and federal laws, which is why such cases are heard in courts at the state and federal levels. There are also other ways to settle intellectual property cases, such as via arbitration.

You can contact one of our IP attorneys at Greenberg & Lieberman LLC for any legal matters related to patent law, trademark law, patent prosecution, trademark prosecution, international trade commission, portfolio management, patent portfolios, and more.

Our intellectual property law firm has IP attorneys dedicated to protecting our clients' intellectual property. Our team has extensive experience in cases related to IP rights for small businesses, enterprises, and government agencies. We can also handle litigation against false advertising, register trademarks, counsel clients, and take on other intellectual property matters.

What is Intellectual Property Litigation?

Intellectual property is an intangible asset, also known as something that is not yet realized compared to tangible or real property that can be saved or recorded. The purpose of intellectual property litigation and rights is to incentivize the innovative creation of the owners by enabling them to enjoy the monetary benefits of their invention.

Types of Intellectual Property

A patent is a right given to inventors within the U.S. by the federal government to protect their inventions from being copied, used, or sold without their approval. Patents are issued by the USPTO (the United States Patent and Trademark Office). The patent granted in the U.S. can only be effective within U.S. territories, and the patentee is responsible for its enforcement without any aid from the USPTO. Generally, there are three kinds of patents issued in the U.S.:

  • Plant Patents: These can be granted to any individual who discovers or asexually reproduces any new and distinct plant.
  • Utility Patents: Utility patents can be granted to individuals who invent or discover distinct machines, useful processes, a composition of matter, an article of manufacture, or any useful improvement to an existing product.
  • Design Patents: Ornamental and original designs for any article of manufacture can be granted a design patent.

The patent’s value is determined by the owner’s willingness to enforce patent rights. Such enforcement implies initiating an infringement lawsuit in U.S. federal court. These lawsuits can be complicated if the accused infringer challenges the patent’s validity.

Copyrights protect content that is original, creative, and expressed in some tangible form. Copyright protection does not extend to abstract things such as ideas or any factual information.

According to IP law, a copyright owner is the only one with the right to reproduce or copy their original creation and is free to decide who can use, purchase, and refashion their works. Copyright infringement is uncommon; however, it can be challenging to prove in court without expert legal representation.

A trademark can be a word or symbol that identifies a business’s goods and services. Its protection is necessary because it can prevent others from benefiting from the business’s reputation and goodwill in the marketplace.

In the U.S., federal registration is not necessary for businesses to obtain trademark rights, but if a company is registered for these rights, it can greatly benefit them. For example, federal registration gives the business an exclusive right to be nationally identified by the trademark.

If a company wants to pursue trademark infringement litigation, it should have sufficient proof that they own the trademark and that the infringement would result in a loss of reputation or profit.

A trade secret can be any pattern, product design, program, device, compilation, technique, method, or process that gives a company an economic advantage over its competitors because the competitors are unaware of such a deed or activity.

According to the USPTO (United States Patent and Trademark Office), any piece of information qualifies as a trade secret if steps are taken to maintain its secrecy and its profits are directly linked to its secrecy. Under federal law, there can be no recourse for people who independently develop the same product or use reverse engineering. In addition, if someone has stolen or illegally obtained the trade secret, the company can start a misappropriation claim.

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Why Choose Us?

Determining Value

Intellectual properties typically do not possess a standard or fixed monetary value, making it difficult to determine the compensation for damages. Our intellectual property lawyer can help determine the appropriate value of your property and the compensation you deserve for its infringement.

Drafting Legal Documents

Our team can help you prepare legal documents. For example, non-disclosure agreements are essential for protecting intellectual property, and an attorney well-versed in such laws would assist you in drafting agreements that prevent unlawful use of the property.

Negotiating Settlements

Our attorney can initiate and handle all communication with the opposing party regarding arrangements and settlements for the infringement case and other intellectual property matters.

If you have questions about intellectual property laws, feel free to contact our intellectual property law firm.

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FAQs About Intellectual Property Law

An intellectual property lawyer can help protect your intellectual property rights for trademarks, copyrights, trade secrets, and patents. In addition, the attorney can ensure your intellectual property is updated and known to the public to limit any further acts of infringement. They can help you obtain compensation for infringement of your intellectual property.

According to IP law, a person who infringes on someone else’s intellectual property can be required to pay for damages and face confiscation of the infringed property and injunctions to prevent them from further infringing on the intellectual property.

The convicted can also be ordered to pay attorney fees and court payments. Suppose the act was done due to intentional disregard. In that case, the court can impose punitive damages or order the defendant to make the payment twice or thrice the amount of the actual economic damages suffered by the plaintiff. The defendant can also get a jail sentence in serious infringement cases.

IP law deals with the rights of creators and involves the protection and establishment of intellectual creations such as music, art, designs, brands, and inventions. This law gives intellectual property creators, such as musicians, writers, artists, and inventors, the right to exclude other people and entities from copying, reproducing, or using their work without their authority.

You are welcome to contact our intellectual property law firm for more details. We can assign you a lead counsel to help you achieve your business objectives through intellectual property litigation.

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