Intellectual property is said to be one of the most valuable assets an individual or company can have, yet it is the least protected. Tangible and intangible items make up this property, including trademarks, trade secrets, and copyrights. The success of many creative individuals and business executives hinges on these vital components. That is why intellectual property laws are available to help protect these innovations from unauthorized use or exploitation by a third party. These protections allow individuals to reap the full benefits of what they create.
Our firm has a considerable amount of knowledge from assisting companies through the development and commercialization process of their intellectual property assets. We also offer legal services to professionals seeking to negotiate or close transactions. Companies and organizations may want to consider having a Clermont commercial law lawyer on their side. Contact Bogin, Munns & Munns to discuss the circumstances of your case with a team member today.
Types of Clermont Intellectual Property Cases
There are a variety of intellectual property cases that our firm handles. Not only do we work on these cases on behalf of a business, but we do so for individuals as well. Some examples of common Clermont intellectual property cases we handle include:
- Copyright infringement
- Deceptive or unfair business practices
- Unfair competition
- Misappropriation of likeness
- Misappropriation of trade secrets
- Trademark infringement
What You Need to Know About Clermont Copyright Infringement Lawsuits
Under Title 17, U.S.C. 106, a copyright owner has exclusive rights regarding displaying, distributing, licensing, performing, and reproducing their work. When other individuals or entities infringe upon this right, we can help you recover damages. Some examples of potentially recoverable damages include awards for profits the infringer accrued using your copyright, or statutory damages of up to $30,000 per work infringed.
Courts may assess additional damages if an entity or individual willfully or knowingly infringes upon copyright. These damages are proportionate to the harm the victim might be suffering and may reach $150,000 per work infringed.
If your lawyer believes it is appropriate for your situation, they might recommend negotiating a licensing agreement with companies or individuals infringing as a litigation alternative.
Understanding Copyright Infringement
Copyright infringement occurs when someone uses a copyrighted work without permission from the copyright holder, violating the exclusive rights granted to the creator. Common examples of infringement include unauthorized reproduction or distribution of books, music, movies, software, and other creative works. This can manifest in activities like piracy, unlicensed copying, or unauthorized sharing of copyrighted content.
Distinguishing between infringement and fair use is crucial. Fair use allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Factors determining fair use include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the work’s market value.
A lawyer can help by providing legal advice on whether a particular use constitutes infringement or fair use, representing clients in court, and negotiating settlements. They ensure that the rights and interests of their clients are protected throughout the legal process.
A Lawyer Can Help You Protect Your Trademarked Intellectual Property
Our intellectual property lawyers in Clermont handle all cases that involve trademark infringement. Some examples of these cases include:
- False advertising
- Misappropriation of images and names in disputes regarding branding
- Online trademark infringement, including lawsuits involving cybersquatting, typosquatting, and unfair use of trademarks
- Trade dress infringement
- Unfair competition
Federal and state laws provide trademark protection. Federal trademark law is available under Title 15 U.S.C. Chapter 22 §§ 1051 and Title XXXIII, Chapter 195 of the Florida Statutes. Your attorney will fight to protect your intellectual property through the use of these statutes.
Understanding Trademark Infringement
Trademark infringement occurs when an unauthorized party uses a trademark that is identical or confusingly similar to a registered trademark, leading to a likelihood of consumer confusion. This unauthorized use undermines the trademark owner’s exclusive rights and can damage the brand’s reputation and value.
Common examples of trademark infringement include using a similar logo or name for related products, creating knock-off goods that mimic a well-known brand, and cybersquatting, where someone registers a domain name closely related to a trademarked brand to profit from its established reputation.
Distinguishing between infringement and permissible use is crucial. Permissible use, such as fair use, might involve using a trademark descriptively to describe the nature of a product rather than to indicate its source. Comparative advertising, where one brand references another to highlight differences, can also be permissible. However, ensuring that such use does not mislead consumers or dilute the trademark is essential to avoid infringement claims.
Bogin, Munns & Munns Can Help You Purse Compensation
Our team at Bogin, Munns & Munns understand how to prove your intellectual property case. A team member is available now to discuss your case. You must act immediately, though, because evidence disappears quickly. We must obtain and secure that evidence while we still have access to it.
Of the many things our Clermont intellectual property attorneys do for their clients to protect their copyright, and trademark interests, other matters include:
- Formulating or conducting “Freedom-to-Operate” or “Right-to-Use” searches
- Conducting and analyzing searches to determine the availability of possible trademarks
- Filing applications for federal and state trademark registrations
- Filing applications for federal copyright registrations
- Protecting in-bound and out-bound intellectual properties
- Identifying, registering, and policing clients’ intellectual property rights
- Regularly submitting Copyright or Trademark filings in order to maintain existing intellectual property registrations
- Representing our clients during trials and appeals
Our team has over 40 years of knowledge and resources. That means we know precisely how to help clients in the same situation you are experiencing. We are ready to guide you through each step of the process and fight for compensation.
Potentially Recoverable Damages in an Intellectual Property Case
17 U.S.C. § 504(b) entitles copyright holders to recover any actual damages or statutory damages of up to $150,000 per work infringed when another entity or individual infringes on their intellectual property.
Speak with a Team Member Today to Learn More
If you or a loved one are the victims of copyright or trademark infringement, the Bogin, Munns & Munns team is available to help. Let a Clermont intellectual property lawyer protect your rights by handling your case and pursuing compensation for you. Contact our team right away so we can review your case today.
Do not wait to reach out to our team. There might be limitations under state and federal law that could limit the amount of time you have to take legal action. We can inform you whether these timelines will affect your case.
