Intellectual property lawyers know intellectual property law and can help you protect your business. Business owners who find themselves in need of intellectual property lawyers can find many reasons to hire them. Intellectual property law deals with patents, copyrights, and trademarks. In this article, we will look at some cases where intellectual property lawyers helped a business.

  1. Copyright Infringement

Copyright infringement occurs when someone uses a copyrighted work without the consent of the owner or creator. Copyright infringement cases can be difficult to prove, but they are extremely important because they protect artists and creators from stealing their work.

There are two main categories of copyright infringement: direct and indirect. Direct copyright infringement is the most straightforward type, where someone reproduces or distributes a copyrighted work without permission. Indirect copyright infringement occurs when someone advertises or promotes an infringing product, such as selling pirated DVDs on eBay or copying music from another website and using it in a commercial advertisement without permission.

For a person to be found guilty of copyright infringement, four elements must be met, including:

  • The defendant must have used some form of intellectual property protected by law (such as a painting, song, movie, or computer code).
  • The defendant must have copied or imitated the original work and made it appear similar enough that consumers could easily confuse it with the original work. This is known as the “substantial similarity” between the two works.
  • A defendant must have done this intentionally and knowingly (although not maliciously).
  • There must have been some monetary gain.
  1. Patent Infringement

Patent infringement is a serious matter in the United States and worldwide. The Patent Act provides that anyone who makes uses sells, or offers for sale an invention covered by a patent without permission from the patent owner may be liable for patent infringement. The patent owner can sue for damages and obtain an injunction to stop further use of the product that infringes on the patent. The owner can also recover attorney’s fees and court costs if he wins the case.

Patent infringement can be difficult to prove. It requires a showing that one of the following conditions exists:

  • The accused product is identical to the patented product;
  • The accused product performs essentially the same function as the patented product; or
  • The accused product contains more than insignificant differences from the patented product.
  1. Trademark Infringement

Trademark infringement is a form of intellectual property infringement. It involves using an identical or similar trademark or one that is likely to confuse with a registered trademark concerning goods or services by another trader.

Trademark infringement can occur in several ways, including:

  • The unauthorized use of trademarks is called “trademark infringement.” This occurs when someone uses a trademark they do not own or have permission to use. Trademark infringement may also occur when two companies use similar products or service names, which causes the public to believe that one company is associated with the other.
  • Trademarks are used in business transactions and have legal significance due to their association with specific brands. When someone uses another company’s trade name without authorization, it may constitute trademark infringement. For example, suppose Company A owns the rights to sell “Dora the Explorer” notebook computers, and Company B sells notebooks that look very much like Dora’s but don’t include her name. In that case, this could be considered trademark infringement because the public would assume that Company B had licensed its products from Company A.
  • If you believe your company has been affected by trademark infringement, contact an Incompassip intellectual property lawyer who can evaluate your case and help you take appropriate action.

Wrapping Up

The case studies described above all involved disputes over trademarks, patents, and copyrights. Far less common are cases where a business needs the assistance of a copyright attorney or patent attorney to help secure the rights to a particular IP asset or register a new one. But that doesn’t mean you should discriminate against an attorney because they handle intellectual property matters more infrequently.