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. 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 on their success. That is why intellectual property laws are available. They are available to help offer protection for these innovations regarding exploitation or unauthorized use from a third party. That way, individuals can reap the full benefits from their creations.
Our firm has a significant amount of experience assisting companies regarding their intellectual property assets, from development to commercialization. It is also our mission to extend those services to include developing and setting up technology transfer offices and helping with the negotiating or closing of transactions. Organizations and individuals benefit from having a professional Orlando intellectual property lawyer working on their behalf. Contact one of our knowledgeable intellectual property lawyers at Bogin, Munns & Munns at (407) 578-9696 to discuss the circumstances of 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 help. Our firm has a substantial amount of experience in handling cases for businesses, as well as 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
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, then 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 company is a victim of infringement, you can count on an Orlando intellectual property lawyer from our team to help when filing for damages. Filing for those damages might make it possible for 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 learn that the owner of the copyright 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, as well as 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.
About Litigating Trademark Infringement in Florida
Your Orlando intellectual property lawyer has the responsibility of handling cases involving trademark infringement. Some examples of these trademark infringement cases include:
- A celebrity’s rights 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 advertisement
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, which outlines federal trademark law. We learn about Florida’s trademark laws in the 2000 Florida Statutes Title XXXIII, Chapter 495.
Contact Bogin, Munns & Munns for Representation Today
Experiencing intellectual property infringement is a frustrating situation, and, at Bogin, Munns & Munns, we understand that frustration. We have a knowledgeable and professional Orlando intellectual property lawyer who is 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. Contact one of our team members at 407-578-9696 today.
Working with one of our lawyers means you are receiving protection for your intellectual property, which includes trademark, copyright, and patent interests. In addition to that protection, we also work hard to ensure the following occurs on your behalf:
- 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 of or conduction for searches for “Freedom-to-Operate” or “Right-to-Use.”
- The submission of trademark, U.S. Patent, and copyright office filings consistently
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 knowing precisely how to handle your intellectual property case. A member of our legal team is ready to fight to protect your rights today.
About Orlando’s Recoverable Damages for Intellectual Property Cases
We learn that, under federal copyright law, as outlined in 17 U.S.C. § 504(b), all copyright owners are entitled to recovering all actual damages they suffer that result from the infringement. Under that law, we also learn that the victim, or plaintiff, has access to any profits that might attribute to the infringer or defendant. Working with an Orlando intellectual property lawyer means that they must furnish evidence proving the gross revenue of the defendant.
Plaintiffs also have the right to receive other recoverable damages, which include:
- Compensation is available to the plaintiff for actual 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 takes place to be eligible for statutory damages.
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.
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 own 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 the best agreement for your needs.
Protecting your brand in this digital age is a must for any business. That’s why, in today’s commercial market, trademark rights are invaluable. The Central Florida Trademark attorneys at Bogin, Munns & Munns can help with all aspects of obtaining and securing your trademark. Our trademark attorneys can provide a trademark clearance search and register your trademark with the United States Patent and Trademark Office.
The importance of registering your trademark is to receive public record on your mark and start receiving benefits. Your trademark rights give you access to the ability 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, in relation to products or services which are similar to the products or services covered by the registration. When your business is at risk due to a trademark dispute, our legal team is able to aggressively protect your trademark rights. We have extensive experience representing plaintiffs and defendants in trademark infringement cases.
If you need help obtaining or protecting a pre-existing trademark, contact our Central Florida trademark attorneys today. Schedule a consultation with our experienced Intellectual Property attorneys to discuss the legal matters pertaining to your trademark.
Set Up a Consultation with an Orlando Intellectual Property Lawyer 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. Reach out to an Orlando intellectual property lawyer for help regarding protecting your rights, as well as to recover damages. Contact one of the specialists from our team at (407) 578-9696 today for a free consultation.