Intellectual property holders must continuously defend against infringement to protect their rights and ownership. Troutman Law Firm P.C. can establish secure trademarks and copyrights and defend a client’s rights in cases of disputes or infringement. Clients in Portland, OR, who want to guarantee their rights should consider the benefits of hiring an intellectual property attorney to protect their rights. With over three decades of experience in business law and other employment law matters, Attorney Ted Troutman is here to work for you.
Intellectual property laws cover the areas of copyrights, trademarks, and patents, among other things. Because technology is always changing, it is essential to know what rights you have as a developer, inventor, or business owner when fresh ideas are had. Seeking legal advice in these areas is important because:
Having a great idea is only great if it is protected.
The success of your company may depend on unique facets of the business.
The process to protect your ideas and your company in this area is highly specialized.
Enforcing your rights as a creator is part of the intellectual property arena.
The protections offered through intellectual property laws are only available if certain procedures are followed. There are different ways to protect your work, and knowing which method is right provides insight into what you need to do:
Trademarks: These are given by the U.S. Patent and Trademark Office and must be applied for prior to being issued. This can be done online or in paper format. The process can seem straightforward, but complications can arise if the trademark is already in use. An intellectual property attorney can complete this task on your behalf.
Copyright: The Copyright office issues copyrights upon application. You must fill out the application, pay the fee, and register your work in order to obtain a copyright. These steps must be taken in a timely fashion to establish the copyright and the time of copyright. If you obtain a copyright after another has done so, you could lose your intellectual property rights.
Renewal of Rights: Works that have been copyrighted typically have a lifetime copyright term, plus 70 years. This changes if the work was “for hire” and it is important to know the difference between an original work and a “for hire” work when applying for a copyright or for a renewal. The same is true for trademarks, in that a trademark is good for a certain length of time. In the case of trademarks, the term is designated when the trademark is given. In order to remain in effect, it must be renewed prior to expiration.
Intellectual property holders must continuously defend against infringement to protect their rights and ownership
Upon learning another entity or person is using your intellectual property without permission, the first step is to demand the usage stop. This can be informal, but you will get a better response if you utilize an intellectual property attorney for this endeavor:
An attorney can obtain an injunction for you, which prohibits further use of your protected works.
Intellectual property attorneys make demands for payment of any economic loss suffered as a result of the infringement and provide the evidence necessary to back up this demand.
An intellectual property attorney will be able to pinpoint when use is improper and can defend you if you are charged with the use of protected property. In some cases, there is a fine line between what is protected and what is not, and what type of use is an infringement of protected items. Identification of several key facts is necessary in most cases.
For help with intellectual property issues, contact Troutman Law Firm, P.C. We know what to look for to protect your intellectual property rights or to defend you when charged with misuse. To schedule a consultation, contact us online or call us.
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