Intellectual property is an incredibly valuable asset. Unfortunately, it is often misappropriated because it is a “creation of the mind.” This makes it easier for people to try and take an idea and say it was their own. Because intellectual property plays such a vital role in the operation of many businesses, especially here in California, there are state and federal laws that provide protections and specify how intellectual property can be properly used.
Here’s everything you might need to know about intellectual property misappropriation and what you may be able to do about it in California.
What Is Intellectual Property?
Intellectual property is a specific category of property that focuses on “intangible creations” of the human mind. It is an umbrella term used to describe assets, ideas, designs, and other creations of the mind that are not physical and can have economic value for a business. Common intellectual property that businesses own includes logos, designs, inventions, the creation of a process or method, names, and more. Many companies in California use intellectual property to operate and distinguish themselves from competitors, making it especially important that they protect their ideas properly.
What Is Intellectual Property Misappropriation?
The Uniform Trade Secrets Act (UTSA) as well as the California Civil Code both define the misappropriation of intellectual property as when an individual or company acquires a trade secret through “improper means.” Misappropriation can also occur if the intellectual property is disclosed to another individual without the consent of the business. When the misappropriation of intellectual property occurs, other businesses can rip off ideas, designs, and sometimes even whole products. Because of the impending threat that intellectual property misappropriation can cause a business, it is crucial to protect any intellectual property through trademarks, patents, or other legal methods.
What Can You Do If Your Intellectual Property Is Stolen in California?
If you believe an individual or business has misappropriated or stolen your intellectual property in California, there are a few different things you can try to do.
Legally Protect Your Intellectual Property
If your intellectual property is not already legally protected, you or your business should move to do that as soon as possible. This is because if it isn’t legally registered, you are not going to be able to pursue legal action if your property is taken through improper means. To file a case against an offender who misappropriated your intellectual property, you must have registered the property and been granted the patent, trademark, copyright, or type of legal protection you applied for first.
Send a Cease and Desist
When it comes to cases of intellectual property misappropriation, you should always first contact the offender who has taken your property. A cease and desist letter can be used as an initial outreach to the individual or business that has taken your property, as well as serve as the first notice to stop their actions immediately. In a cease and desist letter, you should include details about the intellectual property that was taken and used, the type of violation that is taking place, and what you want the individual or business to stop doing.
Try to Recover Damages
If someone has taken your intellectual property that you have legally registered and protected, you may be able to pursue legal action against them. Depending on whether the violation was trademark, copyright, trade secret, or patent, you may be able to file a civil or criminal case. When a business pursues legal action against another individual for intellectual property infringement, you can try to get:
- All or a share of the profit made by the offender
- Payment for your losses
- Payment for your attorney fees
- Compensation for punitive damages
- Immediate instruction for the offender to stop using your intellectual property and remove products that may use it
FAQs
Q: What Is an Example of Intellectual Property Infringement?
A: Intellectual property infringement can come in a variety of forms. An example of intellectual property infringement is a company taking a copyrighted image or design from another business or individual and uploading it to their own internet platforms and using it as theirs.
Q: What Is the Most Common Violation of Intellectual Property?
A: One of the most common intellectual property violations that you will see across the country is the taking of another individual or business’s art, words, or images without the proper legal permission.
Q: What Is the Misappropriation of Trade Secrets?
A: Misappropriation of trade secrets occurs when an individual has business information that should be kept secret and discloses it without consent. It can also occur if an individual or business acquires a trade secret of another entity through improper means.
Q: How Do You Protect Intellectual Property?
A: Through the UTSA and the California Civil Code, you can protect intellectual property with a variety of legal methods. The most common ways that businesses and creators opt to protect their intellectual property in California are through patents, trademarks, copyrights, and trade secrets.
Q: Do I Need a Lawyer to File an Intellectual Property Misappropriation Case in California?
A: While it may not be legally required to have a lawyer to file this kind of case, hiring an experienced intellectual property lawyer can help you and your business immensely. You will need to gather evidence that your property was taken, and you also must prove to the court that it was misappropriated.
Intellectual Property Attorneys: The Myers Law Group
Intellectual property law can be incredibly complex. That’s why when it comes to intellectual property misappropriation cases, it is always in your best interest to work with an experienced lawyer who is familiar with it all.
Here at The Myers Law Group, our team has over eight decades of combined experience helping clients protect their property properly. We understand just how difficult it can be to protect something that’s “intangible,” which is why we are dedicated to assisting businesses and individuals across California. To learn more about our intellectual property legal services and how we may be able to help you with your case, contact us today.