Protecting Intellectual Property
Intellectual property is found everywhere. From creative inventions, designs, literary works, art, logos, formulas, recipes, phrases, and technology, society is immersed with these types of innovations and creations known as intellectual property.
Intellectual property is protected by law. The idea behind intellectual property law is that Individuals and companies are encouraged to design, create, and innovate without the fear of their work being stolen, plagiarized, duplicated, and distributed illegally or without permission. However, the reality is that intellectual property often falls victim to unlawful acts. Protecting intellectual property should be a priority for those who have valuable assets. In the unfortunate case that intellectual property is stolen, misappropriated, or infringed upon, it is crucial to seek the legal assistance of an intellectual property attorney in Chicago, IL as soon as possible. An experienced intellectual property attorney can deter further damage and protect your intellectual property rights.
Types of Intellectual Property include:
- Literary works (e.g., novels, poems, plays, and scripts)
- Brand names
- Computer programs
- Computer software
- Business methods and processes
- And more
Intellectual property rights have four categories that include copyrights, patents, trademarks, and trade secrets. Some works, creations, and inventions can fall under more than one of these rights, depending on the type of intellectual property. In other words, intellectual property is not restricted to just patent or trademark rights. Intellectual property can be protected under both patent and trademark rights. For a detailed assessment of intellectual property, it is best to consult with an intellectual property attorney in Chicago, IL.
Literary works such as novels, poems, plays, scripts, artwork, software, and videos can be protected under copyright law. It is not required to register such works with the U.S. Copyright Office. However, it is strongly advised that any individual, business, or company register their work to further protect it by doing so. In case an unfortunate circumstance with infringement or misappropriation occurs, an attorney can be enlisted to assist with the legal consequences. An experienced attorney with intellectual property litigation in Chicago, IL can help secure damages and seek the best possible solution for your case.
Moreover, if a person or company managed to register their intellectual property, they can be entitled to retrieve attorney fees from the infringer and force them to settle the case earlier in the legal process. If a party does not have their intellectual property registered, the attorney fees are the responsibility of the party seeking damages and restitution.
It is important to note that copyrights do not protect ideas. The intellectual property has to be a work that has been written, typed, saved on a flash drive or hard drive, or preserved in another tangible format.
Patents involve intellectual property that is useful in purpose, original, non-obvious, and patent-eligible. For instance, patents can include jewelry, computer software, computer programs, machines, and business methods. Patents can vary substantially from other inventions and creations, but all patents must be registered with the government to be fully protected under the law. Furthermore, there are eligibility requirements that need to be met for a patent to be recognized. An idea or concept cannot be patented, but as long as there is an eligible proof of concept, intellectual property can be patented.
Unauthorized use of intellectual property can have serious ramifications. A lot of money and rights can be lost when infringement or misappropriation occurs. Patents are not immune to infringement. In fact, many cases involving patent infringement have shaped intellectual property rights in the U.S.
It is wise to talk to an intellectual property attorney in Chicago, IL to discuss requirements and the legal process of protecting a patent.
Trademarks are everywhere, and they are hard to miss. Of course, it’s one of their main jobs – to be recognizable by the public. Trademarks can be a logo, name or wordmark, phrase, color scheme, symbol, sound, and even smell. Anything that can differentiate or identify a product or service can serve as a trademark for a company, business, or individual. The more commonly used types of trademarks are logos, slogans, wordmark, and symbols. Trademarks can represent a brand, person, or any other form of entity.
For example, the majority of people can recognize Target’s target symbol, Coca Cola’s soda can packaging and wordmark, and Amazon’s name and wordmark. All of these companies rely on their trademarks to set them apart from the competition while being widely recognized by the public.
It is vital to protect a trademark. Though it is not required by law to register a trademark with the United States Patent and Trademark Office (USPTO), it is highly advisable. A registered trademark gains added protection against infringement. For instance, an unregistered trademark may only have local protection while a registered trademark automatically acquires national protection. Registered trademarks also grant presumed national ownership. If another entity tries to infringe or claim ownership, the individual or entity that owns the registered trademark has a stronger case.
An attorney with experience in intellectual property litigation in Chicago, IL can help assess a case involving the complex nature of trademarks and intellectual property law.
Trade secrets are perhaps the most elusive type of intellectual property. They depend on staying hidden and confidential or risk losing value. Trade secrets vary and can include formulas, designs, recipes, business plans, customer lists, patterns, information, and processes. The value that trade secrets possess heavily relies on the notion that it is not available to the public or others who may have an interest in the intellectual property.
In order for a trade secret to keeps its value and maintain its status as a trade secret, its owner has to take reasonable measures to keep it confidential. People who are given the privilege to know a trade secret should sign non-disclosures to prevent a leak in information. Since trademarks are not registered with the government, the risk of misappropriation can be high. It is important to note that once a trade secret information is out, it can lose its value and no longer be considered proprietary.
If you have a case that involves the misappropriation of a trade secret, it is imperative to seek the legal assistance of a qualified intellectual property attorney in Chicago, IL as soon as possible. Your attorney can help prove that misappropriation has occurred while protecting your rights.
Cases involving intellectual property litigation in Chicago, IL can be difficult and overwhelming without the right legal assistance. It is crucial to enlist an attorney with the knowledge and expertise in intellectual property to help protect your rights. Contact Corcoran IP Law, PLLC to discuss your case.
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