The success of your business depends on your ability to protect your intellectual property. Our Orlando commercial law lawyers can help make your trademark and copyright paperwork watertight while protecting you from infringement by other parties.
Learn how an Orlando Intellectual Property lawyer at Bogin, Munns & Munns can help you with your case by calling our firm today. Since 1979, our firm has been dedicated to assisting companies with their intellectual property assets, from development to commercialization.
What Bogin, Munns & Munns Can Do for Your Intellectual Property Case
Experiencing intellectual property infringement can be a trying situation. At Bogin, Munns & Munns, we understand that frustration. We have intelligent, innovative, and dedicated Orlando intellectual property lawyers ready to prove your case.
We Handle All Legal Tasks for IP Clients
Working with one of our lawyers means you are receiving protection for your intellectual property, including trademark and copyright interests. Here are some of the services we provide to those who depend on us:
- Client representation during intellectual property trials and appeals
- Protection for all inbound and outbound intellectual properties
- Identification of a client’s intellectual rights and subsequent registration and policing
- The consistent and timely submission of trademark, service mark, and copyright office filings
- Thorough research into your situation for proof of your claims and your right to the copyright or trademark in question
- Close communication with clients so we understand their mission as a business as well as their goals for the legal action they hired us to assist with
We Treat Orlando Clients With Respect and Care
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 and educate you about your options
- Fight hard to protect your rights
- Maintain honest and open communication with you throughout your case
- Answer all of your frequently asked questions on intellectual property law
- Provide the creative, personalized, and professional representation you deserve at a fair price
About Orlando’s Recoverable Damages Under Intellectual Property Law
Under federal copyright law, as outlined in 17 U.S.C. § 504(b), all copyright owners are entitled to recover damages they suffer as a result of infringement. That may include either actual profits or statutory damages.
Profits Connected to the IP
If someone else made a profit on something you created, that money rightfully belongs to you. Bogin, Munns & Munns can calculate how much the other party made off of your creation and ask that they pay you that amount.
Statutory Damages in IP Lawsuits
Plaintiffs could potentially receive statutory damages instead of actual damages as described above. The law sets this form of monetary compensation. In general, you could receive a minimum of $750 and a maximum of $30,000 in statutory damages.
The amounts cited above may increase if the defendant displayed blatant disregard for your intellectual property, or they may decrease if the defendant can prove the infringement was an honest mistake. We can fight for fair compensation based on your situation.
When to Start Seeking Intellectual Property Damages
Your lawyer must have time to gather evidence to support your case, and if that does not occur soon, we might not have access to it later. Many types of evidence lose value or are at risk of going missing as more time passes from the date of the infringement.
Call Bogin, Munns & Munns today so we can assess your case and find out how our team of Florida intellectual property lawyers can protect your rights.
The Complexities of Protecting IP in Orlando
“Intellectual property” is a very broad category that encompasses copyrights, trademarks, service marks, and other forms of protection. Our legal team includes lawyers from many areas of commercial law, so we are prepared to help businesses like yours with all of your intellectual property needs.
Here are just a few of the legal matters we can handle on your behalf:
Filing Intellectual Property Lawsuits
If you believe that you need to file an intellectual property lawsuit, you can turn to our Orlando trial lawyers for assistance. Some of the most common intellectual property lawsuits we manage include the following:
- Copyright enforcement, 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.
Explaining Florida’s Copyright Infringement Laws
Under the Copyright Law of the United States, the copyright owner holds exclusive rights to display, distribute, license, perform, or reproduce their work.
This sounds clear enough, but there are exceptions you may need to contend with, such as the concept of Fair Use, when a person is allowed to use copyrighted material under certain conditions.
Our team of IP lawyers in Orlando can help you to better understand and safeguard your rights.
Orlando Licensing and Technology Agreements
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:
- 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
- Website development, hosting and services agreements, website privacy, and terms of use policies
Orlando Distribution Agreements
Bogin, Munns & Munns can negotiate the distribution agreement that is right for your business. Although the distributor will likely prefer to use their form of distribution agreement (which, of course, will be one-sided in the distributor’s favor), our Orlando IP lawyers 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
Orlando Trademark Registration
Protecting your brand in this digital age is a must for any business. That is why trademark rights are invaluable in today’s commercial market.
The Orlando trademark lawyers at Bogin, Munns & Munns can help with all aspects of obtaining and securing your trademark. That includes providing a trademark clearance search and registering your brand with the U.S. Patent and Trademark Office.
Orlando Trademark Infringement
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. Our goal is to ensure that your business—and only your business—reaps the benefits of your hard work.
Litigating Trademark Infringement in Florida
Our Orlando IP attorneys are 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 involving mimicking product packaging, design, or other trade dress copying
- Misleading or false advertisements
Thanks to federal and state laws, businesses and individuals receive trademark protection. We can champion your firm’s rights as outlined in 37 C.F.R. Part 2- Rules of Practice in Trademark Cases and Chapter 495 of the Florida Statutes.
Frequently Asked Questions About 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 an object or idea. We can take care of their legal cases so they can go back to focusing on being creative and providing services to Central Florida.
Correctly applying state and federal laws to IP cases can be complicated. Frequently asked questions about intellectual property include:
How Long Will Your U.S. Trademark Last?
Per the U.S. Patent and Trademark office (USPTO), a trademark will remain in effect for as long as it is commercially used and defended.
Copyrights work a little differently. For written works created after 1978, copyrights last for seventy years after an author’s death, per the U.S. Copyright Office.
How do You Register a Trademark?
To register your trademark in the United States, file an online application with the USPTO. This process involves a lot of paperwork, so it is a good idea to let us identify and submit the correct forms.
If you want help with the development or registering of your trademarks in another country, we can work with you on that as well.
What do You Do if a Competitor Challenges Your Trademark?
If you have had opposition to your registration, you need to have a legal response filed. Our Orlando intellectual property attorney can 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 works for both of you.
What Is a Trademark Clearance?
A trademark clearance is how you can check to see if marks or symbols similar to yours are already being used in your industry. If there are other similar marks, it could interfere with your registration.
It would help if you did a trademark clearance before filing for an actual trademark application. 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 over 40 years. We take pride in offering high-quality, communicative service to all of our clients—both individuals and companies large and small. Our team has:
- Certification from the Florida Bar Board
- 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 IP case.
Our Orlando Team Handles a Variety of Commercial Law Services
If you ever want legal advice on a matter that does not involve copyrights and trademarks, you do not have to go far: our firm offers multiple commercial law services under one roof. You can turn to us for help with:
- Annexation
- Bankruptcy proceedings
- Labor disputes
- Tax law
- Incorporating or reclassifying your business
Testimonials from Our Florida Clients
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:
- “Competent and courteous professional service- thank you!” said Robert F.
- “Stephanie Boomershine is an absolute gem of a copyright and IP attorney. She was great through the whole process, quick to communicate and relieved so much of my stress over a defense case I was involved in. Thank you Stephanie!” said A.P.
- “Very professional, concerned about the client and keeps you up-to-date on what is going on. Could have not asked for a better company and lawyer,” said Teresa K.
Why Is It Important to Get Your Intellectual Property Case Right?
Intangible and tangible items are part of the arsenals of many accomplished organizations. They include copyrights, trade secrets, and trademarks. These essential components are what many companies hinge their success on. Without proper protection, your business could face:
- Devastating loss of profits
- The loss of your rights to use an idea or innovation that you invested time and money to create for your own company’s benefit
- Diminished market share to competitors
- Lengthy legal battles to try to regain your IP
That is why our Florida IP lawyers exist. Bogin, Munns & Munns can offer protection for your innovations against exploitation or unauthorized use by a third party.
Get Help from Our 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 or your business is the victim of an intellectual property dispute, our team at Bogin, Munns & Munns is ready to help. An intellectual property lawyer in Orlando from our firm can protect your rights and recover damages. Contact our team now for a consultation.
