Misappropriation of intellectual property occurs when an individual or business acquires intellectual property, most often trade secrets, from another entity through improper means or inappropriate disclosure. This is a type of intellectual property infringement that can result in serious consequences if the victim decides to pursue legal action. Whether you own a trademarked piece of property or you are worried about using trademarked property wrong, it is important to know the different legal aspects that surround intellectual property here in California.
The 4 Main Kinds of Intellectual Property
There are four main kinds of intellectual property defined by the law, one of which is trademarks. These classifications of intellectual property offer certain protections and restrictions on how the property can be used by businesses and individuals alike. The main intellectual property types you will encounter in California include the following.
- TrademarksA trademark is a recognizable symbol, design, logo, image, or phrase that is known for representing a business or corporation. Trademarks can be used indefinitely, unlike other types of protections like copyrights. While you do not have to register for a trademark, doing so can provide your business with more protections and benefits for your intellectual property that can help in the long run.
- CopyrightsCopyrights are used on pieces of writing or “works of authorship.” Common copyrighted materials include books and other literary works, musical works, movies, paintings, recordings, and photographs. Technically, copyrights are considered automatic and are applied whenever an original work is created, like a book or film. However, if you want to take legal action against someone who committed copyright infringement, you need to have your intellectual property legally registered first.
- PatentsPatents are most commonly used for beneficial inventions and discoveries. While they are often confused with copyrights, they cover intellectual property that is more “useful,” like medicines and other inventions. If your business registers for a patent and is granted one, this gives you sole ownership of the invention and prevents other businesses or individuals from recreating it. Patents, however, offer limited protection that does eventually expire and must be renewed.
- Trade SecretsTrade secrets refer to private information that a company uses to operate and would like to keep a secret. A trade secret could include a specific design, recipes, formulas, techniques, and other unique company details. Trade secrets do not need to be legally registered for protection.
Can You Misappropriate a Trademark?
In most cases, the term “infringement” is used to describe violations that occur with trademarks, patents, and copyrights, while “misappropriation” is most often used to describe violations with trade secrets. Intellectual property infringement refers to any kind of violation of a business’s legal property rights. Intellectual property misappropriation, on the other hand, refers to the acquisition of trade secrets or other intellectual property through improper means or disclosure. Because of the laws surrounding misappropriation and trademarks, you cannot technically misappropriate a trademark, as you can’t necessarily acquire one through improper means.
Protections That Trademarks Offer in California
Even if your business has not yet registered a trademark, you may still have what is known as a common law trademark. A common law trademark is a logo, symbol, name, or phrase that a business is known for, which then makes it protected through common law. However, a common law trademark does not provide the same protections as a legally registered one. Once you do register your trademark through the U.S. Patent and Trademark Office, you are granted more protections, including:
- The sole, exclusive right to use the trademark on goods and services distributed
- The right to obtain a trademark in other countries
- The right to pursue legal action if infringement of your trademark occurs
- The right to file with U.S customs to prevent counterfeit or illegitimate goods from being brought into the country
The public is also notified about your registered trademark as well.
FAQs
Q: What Is Trademark Dilution?
A: Trademark dilution occurs when a third-party business uses a logo, name, phrase, or image that is so similar to what another popular business uses that it ultimately causes the popular business harm.
Q: How Do You Prove a Trademark Is Diluted?
A: The two main ways to prove that trademark dilution has occurred are through blurring or tarnishment. Blurring can occur when a popular business begins to be associated with a third-party business using a similar logo or name. Tarnishment can occur when the popular brand is now being hurt because of its association with a similar third-party brand that may not hold the same standards.
Q: How Long Do Trademarks Last?
A: Unlike other forms of intellectual property, trademarks last as long as the business or individual who registered them continues to use them. You will be required to renew them every ten years, though, just to state that the trademark is still being used.
Q: Can You File a Lawsuit Against Someone Who Infringed Your Trademark in California?
A: If your trademark is legally registered, you then have the right to file a lawsuit against someone who infringed on your trademark. You may be able to sue for compensation of damages, the immediate halting of the infringement, and attorney fees.
Q: What Is the Difference Between a Service Mark and a Trademark
A: The difference between a service mark and a trademark is that a trademark is used to help identify goods, while service marks are used to identify and distinguish different types of services.
Intellectual Property Law Assistance in California
Operating a business is already difficult enough, let alone when you are trying to handle the legal aspects of everything. At The Myers Law Group, we understand how complex owning and protecting intellectual property can be. That’s why we have dedicated our practice to assisting clients who need help making sure their intellectual property stays safe.
With decades of experience shared between our attorneys, we can find solutions that work best for your unique situation. To learn more about our team here at The Myers Law Group and the different legal services we offer, reach out today.