Orange County Business Attorney
We offer a wide variety of services to business throughout Southern California including:
• Prosecution and defense of copyrights and trademarks
• IP Portfolio Management (Domestic & International)
• Domain name disputes
• Business Purchase/Sale Disputes
• Trade secret misappropriation
• Shareholder/Partnership Disputes
• Unfair Competition
• Breach of Fiduciary Duty
• Business Transaction Disputes
• Business Fraud
• Breach of Contract
Intellectual property (IP) describes the creations of the mind and generally includes inventions, designs, literary and artistic works, writing, music, drawings and paintings, symbols, as well as names and images used in commerce. State and federal registrations such as trademarks, service marks, patents, and copyrights protects IP. These legal protections allow the inventor to earn recognition and often, financial benefit from his or her creations. A wide body of federal and state laws protects IP. Because the type of registration is applicable depending on the specific circumstances and has its own set of technical rules, it is important to consult with a knowledgeable California intellectual property attorney to help guide you through this often complicated process.
INTELLECTUAL PROPERTY LITIGATION
Generally, the first step in litigating an intellectual property violation is the cease-and-desist letter. Receipt of this type of letter is the first indication that legal trouble is coming down the road. After a lawsuit is initiated, the parties generally engage in discovery, which is often the largest cost of the total litigation. The parties may try to speed up the case resolution by filing dispositive motions with the court. On the other hand, the parties may try to amicably resolve the matter by settlement through mediation. Should neither one of these methods prove successful, the parties will proceed to trial.
TYPES OF INTELLECTUAL PROPERTY
Below is a summary of the different types of IP laws that are relevant to legal protection.
Trademarks: Federal and state trademark laws protect brand names, logos, slogans and other devices that distinguish products and services. Trademarks receive different levels of protection, depending on several factors including the type of service and product identified, consumer awareness, and the geographic area in which it is used;
- Trade secrets: State and federal trade secret laws protect sensitive business information and the extent of protection depends on whether or not the information gives a business advantage over competitors, is not known by competitors, and is kept a secret;
- Copyrights: In order to meet minimum requirements to qualify for protection, a work must meet certain requirements. Some examples of work eligible for copyright protection include original creative works such as movies, writing, architecture, paintings, photos, software, dance and music; and
- Right of publicity: There is a patchwork of state laws, known as right of publicity, that protect the image and name of a person. These laws prohibit the unauthorized use of a person’s name or image for commercial purposes.
IP can be protected through the California Secretary of state, and/or the United State Patent and Trade Office. IP is an intangible asset for a company because it gives business partners and financial institutions the confidence to collaborate and/or invest with the organization.
California Intellectual Property Help
The experienced intellectual property (IP) attorney Michael H. Bassiri is well versed in the legal issues that surround trade secrets, patents, trademarks and copyright matters. If you or someone you know needs to protect a new idea, Mr. Bassiri will efficiently guide you through the necessary steps to properly register your IP. If infringement is the issue, Mr. Bassiri has civil litigation experience to zealously advocate on your behalf. Click here or call (888) 530-2001 today to schedule your initial case evaluation.