A situation in which a person or business’ intellectual property is used without their permission is known as intellectual property infringement. The law protects various ideas that are unique and original. This can include the logos, words, or symbols a company uses; lyrics, a pattern of notes, or a specific beat in a song; as well as the design, usage, and development of a product. These types of intellectual property, among other examples, are “owned” by the person who originally developed the idea as long as they have put the right protections in place.
When an individual or business infringes on this property, the person who owns it has a right to seek legal action against them whether the act was done with intention or not. Understanding what the process looks like can help you prepare for it should you find yourself needing to file a claim.
Protect Your Intellectual Property
The first thing an individual should do with their intellectual property is protect it. That means they should file the proper paperwork for the property that needs to be trademarked, copyrighted, or patented. Without the proper legal filings, there is no way to pursue a claim against any violations against it.
This process should involve the help of an intellectual property attorney who can help you with explaining what needs to be filed, the process to do so, and the information needed to make sure it is done correctly.
Once the proper legal documentation has been finalized, you now have recourse to file a claim should anyone violate them. It is not your responsibility to monitor for violations, it is the responsibility of others to know if they are in violation.
Pursuing a Claim for IP Infringement
From the moment you discover that someone is infringing on your intellectual property, you should speak with your attorney to review the evidence discovered or reported to you. Your attorney will help determine if there has been a violation, its severity, and if further action is necessary.
If it appears there is a violation, then your attorney will draft a cease and desist letter to send to the violator. This will serve to prevent further violations from occurring and allow the violator to correct the issue. The letter should contain specific information on what was infringed, the type of infringement, and the specific action you wish for them to take. You can further specify in your letter an acceptable timeline that you wish for them to take. This also alerts the violator of when you will take further legal action if they do not respond or do not comply.
For violations that occur on the internet, the Digital Millennium Copyright Act allows you to not only send a letter to the individual or business in violation but also to petition search engines, site hosts and service providers to step in as well. Search engines like Google may be allowing the business or individual to advertise on their site. They can pull the ad until there is evidence of compliance.
If there are violations against a patent or trademark, you are also able to appeal to the United States Patent and Trademark Office by submitting a Request for Reexamination. This may help if you feel a person was awarded a patent for an invention similar to your own after you. The office will then re-examine the patents and determine if they are indeed similar or different.
If these avenues fail, then you may need to pursue legal action. Your attorney will help keep you apprised of the process and the next steps. The first step is to ensure that what you are filing a claim for is properly registered with the correct authority. Once that is established, you and your attorney will need to determine if you will file a civil or criminal claim, depending on the circumstances of the case. Most cases, however, will be handled in a civil court.
When you file a claim for intellectual property infringement, you could be awarded any of the following:
- A formal injunction from the court that demands the defendant cease all use of the intellectual property
- Financial payment for any losses suffered
- A portion of the profits that were gained from the use of your intellectual property
- The costs of filing the claim including attorney fees
- Extenuating punitive damages
FAQs
Q: What Is IP Rights Infringement?
A: Violating a person’s legally protected intellectual property is considered an infringement. This can occur in many different ways and violate different forms of intellectual property. However, it is up to individuals and businesses to determine if they are in violation of anyone’s intellectual property by pursuing all proper research channels.
Q: What Is an IP Claim?
A: An intellectual property claim is the specific legal action brought from one individual or business to another that believes their intellectual property has been infringed upon. Before attempting to file a claim, it is important to speak to a lawyer who can review the evidence of your suspicions and help make a determination for the next steps.
Q: What Is an Example of Intellectual Property Infringement?
A: There are many ways to infringe on an individual’s or business’ intellectual property. For example, if you are selling a product that is similar to that of another company that is more established and reputable than your own, and you therefore intentionally put their logo on your product, you are infringing on intellectual property by using the logo without permission and attempting to represent it as your own.
Q: What Is a Claim of Infringement?
A: A claim of infringement is the specific allegation that an individual or business has committed an intellectual property violation against another. It claims the specifics of the violations, what type of infringement was committed, and provides the evidence to prove both the uniqueness and originality of the intellectual property by its owner.
California Intellectual Property Attorney
Your ideas matter and deserve protection from those who wish to use them without permission or intentionally damage your business. However, the laws of intellectual property can be confusing and leave you with many questions. The Myers Law Group is here to answer your questions and to represent you and your intellectual property. If you feel your intellectual property has been infringed upon, contact our offices today.