Trusted Intellectual Property Litigation Attorney
An Atlanta Intellectual Property Litigation Attorney from the firm of Conoscienti and Ledbetter can provide legal info and advice. Contact us today!
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on October 27, 2022.
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Intellectual Property Rights
Atlanta, Georgia, business executives operate in an environment of intense competition. Keeping ahead of the competition and solving problems requires continuous innovation. However, as the need for innovation grows, so does the need for intellectual property protection.
The necessity to safeguard discoveries and works of imagination has been acknowledged for centuries, marking intellectual property law as an indispensable pillar of our economic system. By providing large and small businesses in Atlanta, Georgia, with the protection of tools to drive their success, intellectual property lawyers contribute to a growing global economy that benefits consumers and society by introducing innovative, competitive goods and services and increasing our collective knowledge.
According to statistics, intellectual property crimes cost the U.S. economy between $225 billion and $600 billion due to the sale of counterfeit items, the theft of trade secrets, and the distribution of pirated software.
In light of these staggering statistics, it is imperative for individuals and businesses to be aware of intellectual property infringements and to consult a local intellectual property lawyer in Atlanta, Georgia, for advice.
What Is Intellectual Property Law?
Intellectual property (IP) refers to creations of the mind, such as inventions, artistic and literary works, designs, symbols, images, and names used in commerce, according to the World Intellectual Property Organization (WIPO.) The goal of the intellectual property system is to encourage innovation by providing a legal framework that is a fair balance between the needs of inventors and their research and society at large.
The Constitution of the United States, specifically Article I, Section 8, grants Congress the power to protect works of art and intellectual property. Additionally, Congress’s jurisdiction to act in this field is supported by Section 8, which grants it authority to regulate interstate and foreign trade.
The two Federal organizations responsible for enforcing intellectual property laws enacted by Congress are the U.S. Copyright Office and the U.S. Patent and Trademark Office.
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The Difference Between Patents, Trademarks, and Copyrights
In Atlanta, Georgia, several laws have a bearing on protecting and administering the different rights that make up intellectual property. Nonetheless, the Patents Act, Copyright Act, and Trademark Act provide a broad range of protection for intellectual property that helps creators get noticed and compensated. Each act is unique in the following way:
The Patent Act grants legal protection by the government to an inventor that prevents others from commercially producing, using, selling, importing, or proposing to sell their invention for a particular time. This innovation might take the form of a novel product or method. Without the patent owner’s permission, others cannot duplicate, use, distribute, or sell the patented innovation.
Due to the multifaceted nature of many patented innovations, establishing patent infringement for patent prosecution may be difficult. However, you can use the U.S. Patent and Trademark Office’s website to submit your patent applications, search for a patent, or enlist the services of Conoscienti & Ledbetter, a highly qualified intellectual property law firm in Atlanta, Georgia.
The Copyright Act provides an author with the exclusive right to prohibit or permit specific actions regarding their work in its original form or in any derivative form.
Consequently, copyright laws are the sections of business legislation that aim to safeguard the rights of creators of such works and ideas by prohibiting their alteration, reproduction, 0r unauthorized use by third parties who have not been granted permission. Works protected by copyright agreements include:
The primary source of trademark protection is the Lanham Act, but other Federal and State laws may also apply. Trademark rights are acquired for commercial or corporate use by first registration with the U.S. Patent and Trademark Office.
Trademarks comprise any specific word, symbol, or design (including those created using digital technology) by the owner to distinguish their goods and services from those in the marketplace.
One of a trademark’s primary functions is to serve as a source indicator, so a mark must be able to distinguish the goods and services in question. Mark registerability, protection, enforceability, and continuing validity are all affected by distinctiveness. Hence, a business lawyer representing clients in trademark IP litigation stresses the importance of distinguishing a mark from its competitors.
What Legal Issues Arise Regarding a Patent, Trademark or Copyright?
Nowadays, everyone is exposed to more material than ever before, and the origins of that content are sometimes unclear, leading to increased intellectual property business litigation. The most frequent litigation concerning intellectual property law includes:
Copyright infringement occurs when someone exploits an author’s copyrighted content without authorization. Copyright infringement covers any work reproduction, modification, or dissemination (such as sales, broadcasts, performances, etc.). Copyright infringement can occur whether the offender intends to profit from the work at issue or not.
As the name implies, trademark infringement occurs when a trademark is utilized in a way that might lead consumers to mistake one trademark for another without the owner’s permission. Infringement on your trademark occurs when a third party uses your trademarked word, phrase, mark, symbol, or logo to sell similar goods under a different name.
Infringement of a patent occurs when a patented innovation is reproduced without the owner’s consent. The patent claims specify the boundaries within which the claimed invention is protected. However, while patent infringement laws might differ from country to country, it involves the unauthorized making or selling of the patented product in most cases.
Breach of Trade Secrets
Intellectual property disputes can also involve trade secrets, but they often occur within businesses. Misappropriation is the legal term for the theft of a trade secret.
Trade secret or misappropriation happens when one party acquires, discloses, or utilizes a trade secret without the other party’s authorization or when one party has knowledge of the trade secret that was not lawfully obtained. The desire to steal does not need to be present for misappropriation.
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How Can an Atlanta Intellectual Property Lawyer Help You?
Finding a good business lawyer in Atlanta may be invaluable whether you have an idea you wish to trademark or are involved in a legal battle over someone else’s intellectual property. They can help you in the following ways:
An intellectual property lawyer’s role is to check the availability of your proposed trademarks and advise you accordingly. A knowledgeable patent attorney can evaluate the patent’s validity and the possibility of infringement on your behalf.
A lawyer with experience in intellectual property law can help you register a trademark, patent, or copyright. To have your trademark or patent registered with the United States Patent and Trademark Office (PTO), your attorney must first prepare and file an application with the PTO and then reply to any actions taken by the PTO.
An Atlanta intellectual property lawyer can assist you in preventing others from using your work without permission. This implies representing you as your attorney in intellectual property disputes.
Conoscienti and Ledbetter: Your Intellectual Property Litigation Attorneys
Conoscienti and Ledbetter’s attorneys have extensive experience helping Atlanta individuals and businesses protect their intellectual property.
Contact our intellectual property litigation attorneys at (470) 768-9112 to schedule a free consultation.
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030