Intangible and tangible items are part of the arsenals of many accomplished organizations. They include copyrights, trade secrets, patents, and trademarks.
These essential components are what many companies hinge their success. That is why intellectual property laws are created. They can help offer protection for these innovations regarding exploitation or unauthorized use from a third party.
Our firm has a significant amount of experience assisting companies regarding their intellectual property assets, from development to commercialization.
Organizations and individuals can benefit from having a professional Orlando intellectual property lawyer working on their behalf. Learn how our intellectual property lawyers at Bogin, Munns & Munns can help you with your case.
Orlando Intellectual Property Lawsuits
If you believe that you need help with an intellectual property lawsuit, you can turn to our legal team for assistance. Our firm has a substantial amount of experience in handling cases for businesses and individuals. Some of the most common intellectual property lawsuits we handle in Orlando include the following:
- Copyright, online intellectual property, and trademark infringement
- Likeness and trade secret misappropriation
- Competition or business practices that are unfair or deceptive
Businesses and individuals should be able to reap the full benefits of their creations—and we can help you do so through intellectual property protections.
What Bogin, Munns & Munns Can do for Your Intellectual Property Case
Experiencing intellectual property infringement can be a trying situation, and at Bogin, Munns & Munns, we understand that frustration. We have a knowledgeable and professional Orlando intellectual property lawyer ready to prove your case today.
However, your lawyer must gather evidence to support your case, and if that does not occur soon, we might not have access to it later.
Working with one of our lawyers means you are receiving protection for your intellectual property, including trademark, copyright, and patent interests. In addition to that protection, here are some of the services we provide:
- Client representation during intellectual property trials and appeals
- Offering protection for all inbound and outbound intellectual properties
- Performing evaluations on potential applications for patentable technologies
- Filling out and filing all provisional patent applications
- Identification of a client’s intellectual rights and subsequent registration and policing
- The filing and prosecution of non-provisional design and utility patents
- The formulation or conduction of searches for “Freedom-to-Operate” or “Right-to-Use.”
- The submission of trademark, U.S. Patent, and copyright office filings consistently
Our mission is to extend these services to include developing and setting up technology transfer offices and helping with the negotiating or closing of transactions.
The last thing any business or person wants to deal with is intellectual property disputes, and we help alleviate some of that stress. You can count on our team to know how to handle your intellectual property case. In addition, a member of our legal team is ready to fight to protect your rights today.
About Orlando’s Recoverable Damages for Intellectual Property Cases
Under federal copyright law, as outlined in 17 U.S.C. §504(b), all copyright owners are entitled to recover damages they suffer that result from infringement.
Under that law, we also know that the victim, or plaintiff, has access to any profits attributed to the infringer or defendant. Working with an Orlando intellectual property lawyer means that they must furnish evidence proving the defendant’s gross revenue.
Plaintiffs also have the right to receive other recoverable damages:
- Compensation is available to the plaintiff for damages if the infringement causes profits to exceed what they lost.
- According to the Copyright Act § 407, plaintiffs could potentially receive statutory damages. The law sets this form of monetary compensation. Plaintiffs must register their intellectual property with the U.S. Copyright Office (within three months or longer before the infringement occurs) to be eligible for statutory damages.
Florida’s Patent Infringement Litigation Process
The United States Code Title 35 – Patents describes that when individuals make, sell, or use products infringing on patents, they could be liable for infringement. Even though it is not uncommon for some individuals or entities to claim ignorance regarding a patent’s existence during their defense, that is not viable.
If you, your brand, or your company are victims of infringement, you can count on an Orlando intellectual property lawyer from our team to file for damages. Filing for those damages might allow you to receive compensation contributing to your lost profits or royalties.
Lawsuits in Orlando Involving Copyright Infringement
Under the Copyright Law of the United States, we know that the copyright owner holds exclusive rights to display, distribute, license, perform, or reproduce their work. If any individual or organization infringes upon these rights, we have a team of intellectual property lawyers ready to help you seek damages. Examples of the damages we can help you recover include any profits the infringer accrued under your copyright and those for previous instances.
If an individual or corporation knowingly or willfully infringes upon another copyright, courts might also assess additional damages. Those damages are comparable to any harm the victim could be suffering. If your intellectual property lawyers find it appropriate for your case, there might be a negotiation recommendation regarding licensing agreements in place of litigation.
Licensing and Technology Agreement
At Bogin, Munns & Munns, our Central Florida intellectual property attorneys assist our clients with a broad range of licensing agreements to meet their business and technical legal needs.
These agreements include, without limitation:
- Technology and intellectual property transfer and licensing agreements
- Software licensing, development, maintenance, and support agreements
- Software and intellectual property escrow agreements
- Marketing and distribution agreements
- Clickwrap and shrink-wrap licensing agreements
Bogin, Munns & Munns has the experience to negotiate the Distribution Agreement that’s right for your business. Although the distributor will likely prefer to use his form of Distribution Agreement (which, of course, will be one-sided in the distributor’s favor), our intellectual property attorneys consider the following key terms in the negotiations:
- Exclusive versus nonexclusive license
- Territory and markets
- Obligations of the distributor
- Payment terms
- Contract term and termination
Call Bogin, Munns & Munns, your Central Florida Distribution Agreement Attorneys, for help negotiating an agreement.
Protecting your brand in this digital age is a must for any business. That’s why trademark rights are invaluable in today’s commercial market. The Central Florida trademark attorneys at Bogin, Munns & Munns can help with all aspects of obtaining and securing your trademark. In addition, our trademark attorneys can provide a trademark clearance search and register your brand with the United States Patent and Trademark Office.
Registering your trademark is essential to receive a public record of your mark and start receiving benefits. Your trademark rights give you access to bring federal action regarding the mark. It will be listed in the United States Patent & Trademark Office, giving you exclusive rights to use the mark as the owner.
Trademark infringement may occur when one party uses a trademark identical (or similar) to a trademark owned by another party. It must be comparable to the products or services covered by the registration. Our legal team can aggressively protect your trademark rights when your business is at risk due to a trademark dispute. We have extensive experience representing plaintiffs and defendants in trademark infringement cases.
Contact our Central Florida trademark attorneys today if you need help obtaining or protecting a pre-existing trademark. Please schedule a consultation with our experienced intellectual property attorneys to discuss the legal matters about your brand.
About Litigating Trademark Infringement in Florida
Your Orlando intellectual property lawyer is responsible for handling cases involving trademark infringement. Some examples of these trademark infringement cases include:
- A celebrity’s rights are being violated.
- Lawsuits involving domain names, unfair trademark use, cybersquatting, and any other online trademark infringement
- Misappropriating names and corporate images during branding disputes
- Infringement involves mimicking product packaging, design, or other trade dress copying
- Misleading or false advertisements
Thanks to state and federal laws, businesses and individuals receive trademark protection. Under the Trademark Act of 1976, you can find 37 C.F.R. Part 2- Rules of Practice in Trademark Cases, outlining federal trademark law. In addition, we learn about Florida’s trademark laws in the 2000 Florida Statutes Title XXXIII, Chapter 495.
Frequently Asked Questions about Patents and Intellectual Property Cases
Our clients often come to us with excitement about their ideas for their businesses. However, they also come disappointed or frustrated that another company is disputing their claim on their opinion. The legal aspects of applying state and federal laws on patents and trademarks can be complicated. Frequently asked questions about intellectual property:
I Filed a U.S. Patent. How Long Will It Last?
You are right to ask about time limits. There are always time limits on protections. For example, for a U.S. utility patent, the patent is generally under protection for 20 years from the date filed. Other time limits to watch out for are trademarks. A trademark will remain in effect for as long as it is commercially used and defended. For written works created after 1978, copyrights are for seventy years after an author’s death.
Should I Conduct a Patent Search?
The truth is that it isn’t mandatory. If you want to be granted patent protection from the court, you need to establish that your invention is novel. It also has to be valid. Doing a patent search helps protect you from any potential for infringing on another product. Be sure that your idea is worth your investment.
How do I Register a Trademark?
More so than how is where. As one of the first steps as your attorney, our law firm will work to fully comprehend your products and services, your company’s goals, and your motivations. We need to understand the scope of your future path to recommend the appropriate trademark registration strategies. It may include the development or registering of your trademarks in another country.
I Filed for a Trademark, but Then I Was Sent a Challenge from a Competitor. What do I Do?
The difficulty faced when filing for a trademark is why you need an intellectual property attorney. If you have had opposition to your registration, you need to have a legal response filed. Your attorney must file an answer quickly to avoid the loss of your legal rights to the trademark. We can help you communicate effectively with the other side and reach an agreement that can work for both of you.
What Is a Trademark Clearance?
A ‘trademark clearance’ is not a clearance sale. It would help if you did a trademark clearance before filing for an actual trademark application. It is how you can check to see if some other marks or symbols are similar to yours already being used in your industry. If there are other similar marks, it could interfere with your registration. Doing a clearance could give you insight into other uses of similar trademarks and if they have had success. It can save you time if your brand logo is too similar to one already being used.
Other Reasons to Work with Bogin, Munns & Munns
At Bogin, Munns, & Munns, we have represented clients for decades. We take pride in offering high-quality, communicative service to all of our clients—both individuals and companies large and small. Our team has:
- Successfully represented Fortune 500 companies
- Been accepted as part of the Multi-Million Dollar Advocates Forum
- A superb Avvo rating
- A Martindale AV Preeminent Rating
You can feel confident that our team has the experience to pursue your best interests through the complexities of an intellectual property case.
We can tell you what it is like to work with our team, but our past clients may do that even better. Our previous clients have left their feedback for our firm on Google Reviews:
- “The team at Bogin Munns & Munns are great… Everyone there that had a part in my case worked very hard to win my case, kept me informed all the way through, and never hesitated when I had questions. These guys are great, and I would recommend them to anyone and would come to them first if I ever needed a lawyer again,” said Darrel C.
- “Excellent service… Knowledgeable and personable with quick response times. Experienced legal team who provides top quality services across many spectrums of the legal system for me over the years… my first call for all my legal needs in Florida,” said Jeremy J.
Get Help from an Orlando Intellectual Property Lawyer Today
Many businesses and individuals understand that their intellectual property is one of their most valuable assets—yet, they fail to take steps to keep it protected. You can take action today.
If you believe that you or your business is the victim of an intellectual property dispute, our team at Bogin, Munns & Munns is ready to help. An Orlando intellectual property lawyer can protect your rights as well as recover damages. Contact our team today for a consultation.