Intellectual Property Lawyer
Have you created a product, work of art or music, or an invention that doesn’t currently exist? Do you feel another individual or company is trying to replicate your logo, or copy it to create confusion in the marketplace? Is someone redistributing something you wrote or created without your express consent? If any of these apply to you, then you require the services of an Intellectual Property lawyer.
At Gerard Law Firm we specialize in Intellectual Property rights, a tricky but essential component of the law which governs the ownership, use, and distribution of intangible assets. We work closely with clients to identify and protect their intellectual property rights, including those involving trade secrets, copyrights, trademarks, and licenses. Gerard Law Firm has experience with rights enforcement, including drafting Cease & Desist letters, opposition to improper trademark applications, or litigation to try to obtain a fair result, whether by settlement or judgment, if your intellectual property is used in an unauthorized manner.
What is Intellectual Property Law?
Intellectual property is symbolic of the creativity of the human spirit and is often a business’s or individual’s most valuable asset. Laws related to intellectual property deal with rules for securing and enforcing legal rights to inventions, designs, and artistic works.
Just as the law protects ownership of personal property and real estate, it also protects the exclusive control of intangible assets. The purpose of these laws is to give an incentive for people to develop creative works that benefit society, by ensuring they can profit from their works without fear of misappropriation by others.
Trademarks protect symbols, names, designs, and slogans used to identify goods and services. The purpose is to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another.
To gain maximum protection it is best to register your trademark with the U.S. Patent and Trademark Office. Without formal registration, your protection is very limited.
Gerard Law has experience in trademark law and understands how crucial trademark registration and protection is to your overall success. Not only can we handle the registration process but if your trademark has been violated we can represent you to ensure the appropriate legal steps are taken.
If you wish to protect your brand’s identity, here’s how we can help:
- Obtain legal ownership for you of your trademark and association rights
- Pursue enforcement measures if your trademark is infringed upon
- Registration in non-U.S. countries
- Assistance with the prevention of counterfeiting or illegal importing and exporting of infringing goods
Copyright is a form of intellectual property that protects your creative expression. It applies to writing, music, motion pictures, architecture, and other original intellectual artistic expressions.
While you may generally gain copyright protection when a qualifying work is created, it does not allow you to truly protect your property or enforce your rights in court. This can lead to the potential theft of your work or use of your work in an unlawful manner that can harm your overall business.
At Gerard Law Firm, you will work directly with a skilled Intellectual Property lawyer to obtain copyright registrations and negotiate licensing deals. We help creative types monetize the fruits of their labor and protect our clients from unlawful use of their work.
If you wish to protect your property or be able to enforce your rights in court, here’s how we can help:
- Obtain exclusive rights for you to distribute, sell or rent copies of the work, and the right to display or perform the work publicly
- Pursue enforcement efforts on your behalf if you believe your copyright has been unlawfully used
Infringement, also known as piracy, refers to the unauthorized use of intellectual property. To protect against infringement, owners should take steps to put the world on notice that their rights exist – such as trademarking and copyrighting. To avoid committing infringement, creators and inventors should check with trademark and copyright databases to ensure that what they’ve developed doesn’t already exist. Gerard Law can assist with compliance/clearance of copyrights and with licensing copyrights or other intellectual property from third-parties if necessary.
If you believe you have been the victim of infringement, or wish to avoid being sued for infringement, here are the ways Gerard Law Firm can help:
- Trademark or copyright your materials properly so that you are well-protected should you ever need to prosecute or defend yourself in court
- Pursue enforcement measures including Cease & Desist letters or litigation to prevent further violation of your copyright or to obtain monetary damages
- Provide assistance with copyright clearance or licensing
- Defend against a lawsuit using defense strategies such as Statute of Limitations, No Notice, Original Work, and Fair Use.