Protecting Intellectual Property And Trade Secrets
Copyright And Trademarks
Trademark infringement is the unauthorized use of a trademark, or service mark on or in connection with goods, and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
An action for copyright infringement may arise where a third party violates one or more of the exclusive rights granted to copyright owners. To establish infringement, the plaintiff must prove:
- Ownership of a valid copyright
- Copying of constituent elements of the work that are original
A claim for infringement of a registered copyright or trademark can entitle a plaintiff to statutory damages beyond a plaintiff’s actual damages.
Unfair Competition And Theft Of Trade Secrets
If you are the rightful owner of intellectual property or trade secrets, you may pursue legal damages for the misappropriation of your property, as well as injunctions against its further misuse. State and federal laws offer protection of intellectual property and trade secrets. Our attorneys are here to help protect your interests in these matters.
Among the types of materials that may be protected as trade secrets are: formulas, processes, designs, research materials, detailed projections, and cultivated lists. Under state law, the misappropriation of such information may constitute actionable unfair competition. Federal law also provides an avenue to sue for intellectual property violations in federal court.
The intellectual property and trade secrets attorneys at Ford O’Brien Landy LLP have extensive experience prosecuting and defending intellectual property, trade secrets, and unfair competition claims. Our lawyers can review the specific facts of your case and help you determine the most effective course of action to ensure that your interests are protected.