Whether you are an entrepreneur, business manager, or are simply passionate about your work, it’s easy to feel protective of the work you do. Many people wish to receive the appropriate accolades and praise for their work, and it can be disheartening when someone else receives the credit that you deserve. Though there are some situations like this that are simply part of life, there are others that allow you to take action in support of your work.

Intellectual property infringement, or IP infringement, is one situation that warrants legal action. However, it can be difficult to know when you have an IP infringement case on your hands and when you do not. Fortunately, with a bit of background information and strategic planning, you can take proper action if someone infringes upon what is rightfully yours.

What Is IP Infringement?

Intellectual property comes in many different forms. In the eyes of the judicial system, it is necessary for you to have a legal claim over your intellectual property before you can claim IP infringement. This legal claim can come in many different forms, including:

When IP infringement occurs, an individual uses a name, logo, design, or invention that is not theirs in order to benefit themselves. By doing this, they are stealing from the rightful owners of the property, who put in time, effort, and money to develop an idea.

For example, if an individual begins to use McDonald’s golden arches to promote their own restaurant, they are using McDonald’s brand recognition and hard work to benefit their own company. In doing so, they are stealing business and clients from McDonald’s.

Is Intellectual Property Infringement Illegal?

Infringing on intellectual property is indeed illegal. When a company registers their trademark, copyrights content, patents a product, or registers a design, they are legally claiming it as their own. If another company uses the content for its own benefit, they are essentially stealing from the original company.

Intellectual property infringement cases can be brought to court but are often considered civil cases instead of criminal ones. Don’t let this designation fool you. Civil claims can wreak just as much havoc on a wrongdoer as a criminal one. A civil case simply means that a citizen or company is bringing a case to another citizen or company rather than the government taking action on behalf of the law.

Can You Sue for IP?

If someone infringes upon your intellectual property, you may have the right to sue. However, this ultimately depends upon the circumstances. Not all IP infringement can be brought to court and properly argued.

The key to suing for IP is ensuring that you have the proper protections in place for your property. You have to have a valid copyright, patent, trademark, or design register in order to have the legal grounds to sue. If you do not have these protections and someone else uses your idea or an idea that’s very similar to yours, the court cannot help you very much. If you didn’t take the time to make the idea legally yours, technically, others are not breaking the law if they use it for themselves.

How Do You Claim Intellectual Property?

In most situations, you must apply with the United States Patent and Trademark Office. This office has a system for reviewing and approving patents, trademarks, copyrights, and more. This process requires a lot of attention to detail and involves strict deadlines. Even the smallest mistake could set you back or force you to start over. For this reason, many people seek legal help during this process. An experienced IP attorney can help you with your application and ensure that you are protected against IP theft. With legal help, you can feel confident in your ability to take legal action if someone should steal your idea.

How Do You Prove Intellectual Property?

If you have gone through the proper steps for your intellectual property designation, you should not have a difficult time proving that you own the IP. A proof of patent, copyright ownership, trademark license, and other similar documents will act as the proof you need to show that the intellectual property is legally yours.

If you have a business, idea, product, or logo that you wish to protect, you should begin the legal process to claim what you have. If you do not, others can take your idea without real legal repercussions.

How Do You Prove IP Theft?

If you have the proper legal designations and believe that someone has infringed upon your intellectual property, you will have to prove your case in court in order for legal action to occur. The US patent and trademark offices do not seek out and enforce violations. It is the burden of the business or individual to create a legal case against someone who steals their intellectual property.

If you believe that this is happening to you, take note of who has access to your intellectual property. If the stolen item is a logo or brand, it may be difficult to determine who stole it because it is public information. However, if someone steals a patent or more confidential idea, you may be able to track down who has access to the relevant information.

You should also document all situations in which the person or company is illegally using your intellectual property. The more documentation that you have, the better you can prove your case in court.

You will also need to determine how much the infringement has cost you. Determine how many sales, clients, or opportunities the other business stole from you by using your logo. This will not only help to prove your case but may help you to get reparations for the damage as well.

The best way to prove IP theft is with the help of an attorney. These situations are complicated, and legal help is always an asset.

Contact Myers Law Group

With decades of combined experience, our team is here to help you with any of your Orange County IP infringement needs. For more information, contact Myers Law Group online today.