Rogers, AR Intellectual Property Lawyer
In the modern era, legal issues regarding intellectual property are just as common, if not more common, than legal issues involving real property like a home or vehicle. Intellectual property is a broad ranging term that can refer to ownership over something like a copyright, trademark, or a patent. Not only will you likely need help in acquiring such an ownership in intellectual property, but you will also need help protecting your property from infringement by third parties.
At Gunn Kieklak Dennis LLP, our Rogers intellectual property lawyers have experience handling all types of intellectual property cases. We understand that these laws can be complex and confusing, especially if this is your first time dealing with intellectual property. We will guide you through the process necessary to safeguard your intellectual property and aggressively defend it against any outside infringement. To speak with one of our lawyers, call us today at (479) 717-9068.
Trademark Cases in Rogers, AR
A trademark is a word or symbol that identifies the source of the product. A famous example of a trademark would be the Nike swoosh. The first step in the process of applying for a trademark is to file with the United States Patent and Trademark Office (USPTO). Our lawyers can help you fill out the application and can prosecute the application with the USPTO until the registration is complete. We can also keep the registration renewed for you by filing reports showing the trademark remains in use.
Once you have been granted a trademark in Rogers, you have the right to sue anyone else who uses that trademark without your permission. For example, if you are Nike, and a company in Arkansas is making hats with the Nike swoosh on them without your permission, you could file a trademark infringement suit against the makers of these hats to get them to stop. Note that it is your duty as the trademark owner to track and ensure that your trademark is not being used by other businesses, and if you fail to do so, you could lose the trademark. Having an aggressive trademark infringement lawyer like those at Gunn Kieklak Dennis LLP on your side will help prevent this from happening.
We will begin by sending a cease and desist letter to the person infringing on your trademark. If they fail to comply, we will file a lawsuit in federal court. In order to win such a lawsuit and have an injunction issued against the defendant:
- You must prove you are the rightful owner of the trademark in question
- You must produce evidence that you were in possession of the trademark before the other party began using it
- The infringement in question must be shown to cause confusion among consumers about whether the product is produced by the party with the trademark
Copyright Cases in Rogers, AR
A copyright can be obtained for an original piece of work, such as a novel, play, movie, piece of art or architecture, or even a software program. While you obtain some copyright protections under the common law as soon as you put the work into print (or whatever form it may take), it does not have full copyright protection until it has been registered with the U.S. Copyright Office.
Once you register your copyright, you have the right to receive any and all profits obtained by the sale, use, or display of your work. You can also lease the copyright to others for a fee. For example, if you write a successful play that debuts in Rogers, AR, you can lease the rights to perform that play to a Broadway producer in New York.
If someone uses your copyrighted work without your permission, an experienced copyright infringement lawyer like those at Gunn Kieklak Dennis LLP can file a suit in federal court not only for an injunction requiring them to stop, but also for damages and royalty payments that you are owed.
Patent Cases in Rogers, AR
Patents are granted to people who create a new invention. There are three major types of patents granted by the United States Patent and Trademarks Offices (USPTO):
- Utility patents are granted to an inventor who creates a new manufacturing process, a new form of machinery, a new composition of matter, or something similar. For example, the inventor of the car could be granted such a patent.
- Design patents are granted to inventors who create an original and unique version of a design that already exists. For example, you could create a car that runs on tomato juice.
- Plant patents are granted to those who either discovery or create in a laboratory a new type of plant.
In order for a patent to be granted, the invention must be both novel and “non-obvious.” Patents are usually granted for 20-year terms. After that, you may be able to renew your patent depending on the circumstances. Note that a patent only prevents recreation of your device in the Unites States, but you may be able to prevent devices manufactured by someone else abroad from being imported.
If a party within the United States illegally uses your design or creates a device for which you have been granted an exclusive patent, a patent infringement attorney like those at Gunn Kieklak Dennis LLP can file a lawsuit in federal court asking for an injunction to prevent that party from continuing to infringe upon your patent. Lost profits, court costs, and other monetary damages may also be available.
If You Are in Need of a Rogers, AR Intellectual Property Lawyer, Call Our Office Today
Intellectual property is a complex field of the law and the average person is unlikely to have a great deal of experience dealing with it. If you find yourself with an original creation that you feel the need to protect from infringement, the best thing you can do is call an experienced Rogers, AR intellectual property lawyer like those on the team at Gunn Kieklak Dennis LLP. We can make sure your intellectual property application is filed with the correct office and that others are not profiting off your hard work. Call us today at (479) 717-9068 to speak with one of our intellectual property attorneys.