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intellectual property litigation Archives

Trademark enforcement rights and responsibilities

Many people, including business owners, in California may believe that once they are granted a trademark or a service mark that they never need to worry about the future validity of that trademark. In reality, however, that is not true. There are a few reasons for this, one of which is the fact that other entities may actually infringe on an existing trademark either knowingly or unknowingly. Another thing people must know and that Forbes points out is that the responsibility for enforcing a trademark lies solely with the trademark owner.

Emoji source of intellectual property dispute

California businesses know that their brands can be powerful tools that create market recognition and preference among their customers. In addition to company brands, the names used for products, services and technologies are also vital assets for businesses. That is why these things are so commonly trademarked. Despite there being an established process for requesting and receiving a trademark, disputes may still arise surrounding individual terms.

The importance of venue in IP litigation

When a company is fighting an intellectual property infringement issue, one of the first things established by California courts is the jurisdiction. This is the location in which the court case will be heard. The venue in an IP case can play a significant role in the outcome, which is why it is essential for IP owners to be aware of their rights when a venue is assigned.

Understanding trademark protections

If you or your company in California is interested in protecting your unique terms, products or inventions, you will want to understand the different types of registrations potentially available to you. As explained by the U.S. Patent and Trademark Office, copyrights are for protecting creative works such as literary writings, musical creations or even advertisements and other marketing deliverables. Patents protect inventions or processes. Trademarks protect a company name or logo, including a particular style of displaying such things.

How is intellectual property infringement prosecuted?

If you own intellectual property in California, then you are likely concerned with protecting it. Should someone infringe upon your rights, the case will typically end up in federal court where you have to be represented by someone who is able to work at that level, such as Millstone, Peterson & Watts, LLP. It is not an easy process, so it helps to understand exactly what to expect.

What constitutes intellectual property infringement?

Infringements on any intellectual property rights you have should be taken seriously. As a Californian, you have protections for patents, copyrights, trade secrets and trademarks. According to Copyright Alliance, your rights to protect your intellectual property rights against infringements is granted under federal law. In general, infringement occurs whenever anyone violates the specific rights granted to you under federal law.

The sad tale of the expired fidget spinner patent

Fidget spinners are the newest fad in California and states across the country. Go to any social media site, and you will see people posting things about them. Some people love them, and others hate them (many of which are teachers whose classes have been interrupted by these toys). However, despite the feelings about fidget spinners, they are hot right now. It seems that they came out of nowhere, too. One day, they were just suddenly the biggest thing everyone was talking about. There is a really good reason for this.

Trademark dilution

California owners of trademarks have specific rights that are afforded to them under the laws of the United States. These rights protect the owners from having their marks used by others. According to the National Paralegal College, dilution is when the value of a trademark is lessened due to someone other than the owner using it.

How can I prevent intellectual property theft?

Fighting intellectual property theft in California is not an easy thing to do. Once your IP has been stolen, it can be difficult to track who has stolen it and prove that they have done so. In addition, if it is a trade secret that has been stolen, you have already lost your protection, and the only recourse you may have is to collect damages. You will be much better off preventing the theft from ever occurring. Luckily, there are many steps that you can take to provide protection.

Reasons intellectual property theft is getting worse

Before the internet, it was a little trickier to steal someone else’s intellectual property or get caught doing it. However, nowadays, it is much easier for you to get information swiped from your California website, blog or other online accounts. We work hard to fight for your intellectual property rights at Millstone, Peterson & Watts, LLP, because we know that theft is becoming more widespread, making it more difficult to protect your property.

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