Ask A Lawyer: What’s Considered Intellectual Property In Beverly Hills, CA?
Inventions, logos, novels, manuscripts, and blueprints are just a few examples of intellectual property—property that is originally sourced from the creativity or imagination of a human mind. This type of property not only holds intrinsic value for the creator, but often financial value for their business or company. Intellectual property law works to promote creativity by ensuring the protection of the property that’s generated by it, and ultimately, this stimulates economic growth.
Due to the complex nature of intellectual property law, it is extremely beneficial to have the assistance of a lawyer in understanding the limits, duration, and technicalities of intellectual property rights. Beverly Hills, CA is home to myriad individuals and enterprises offering consumers unique products that at one point, originated in a creator’s mind; don’t let the next idea you have get unlawfully stolen by a person or company who wants to usurp your place within the market.
How Can A Lawyer Help Protect My Intellectual Property In Beverly Hills, CA?
There are three primary ways of protecting intellectual property in Beverly Hills, CA. An intellectual property lawyer is the best resource both for determining the best method of protection for a specific invention or idea, and accurately following the steps necessary to obtain the protection. Read further to learn of the different types of protection and how to go about obtaining them.
- Copyrights – the purpose of copyright law is to protect various forms of expression for the original author, such as graphical, musical, literary, and choreographic works, as well as websites, photos, and software programs. In order for someone to obtain a copyright for their work, they must be able to demonstrate that they are the original author of the work, and the work itself must be attached to or expressed through a physical medium. Once the author of an original work has registered their work with the U.S. Copyright Office, they will enjoy specific and beneficial rights, which include the right to seek damages and attorneys’ fees in the event that the copyright is infringed upon, and the right to request that any items which infringe upon the copyright be barred from entrance into the U.S. by U.S. Customs officers. In addition, registration will provide the individual or company with presumptive ownership of the copyrighted goods.
Applying for a copyright may at first glance seem straightforward, but there are pitfalls that those who don’t have a legal background and who aren’t familiar with the process may easily fall into. For example, the specific application which must be completed will depend on the specific nature of the work that’s involved, and if the incorrect application is submitted, the copyright request will fail and the individual will have to start from the beginning. In addition, the applications themselves are lengthy and complex, with plenty of room for error. In light of the fact that even one slight error can preclude an application from being processed successfully, the benefit of an experienced intellectual property lawyer is clear. When copyright infringements occur in Beverly Hills, CA—and they do quite often due to the LA area being a traditional hub for the creation of copyrighted music, movies, and television—the corresponding lawsuits are filed federally. Once the defendant has received notice of the suit, they have 21 days to respond. The processes of discovery and motions will follow, which usually result in case resolutions. However, if no resolution is obtained after motions, then the case will go to trial.
- Trademarks – oftentimes, a company’s trademark—the unique design, logo, word, or sign representing or identifying the company—is the most recognizable aspect of their brand, and as such, can be extremely valuable in developing a memorable and positive reputation in consumers’ minds. When trademark infringement occurs, a number of consequences can ensue, including a tarnished reputation due to mistaken associations with the entity that has unrightfully used the trademark to their own benefit. This is just one reason why it is wise for companies to defend their trademarks with a Beverly Hills, CA intellectual property lawyer.
Trademark infringement disputes can become complex and operate in accordance with the Federal Trademark Law, which distinguishes a company’s trademark rights based on whether they use or simply register the trademark. When these issues arise, it is important that a company obtains representation by lawyers who are familiar with the court system and comfortable speaking with judges, juries, and other lawyers. Experienced intellectual property lawyers will be able to offer these services to every client, regardless of the circumstances of a trademark infringement case in Beverly Hills, CA.
- Patents – patents protect inventions, which include new or improved versions of preexisting programs, machines, processes, and products. By ensuring a creator legal protection for their invention, patent law fosters creativity and technological advancement, spurring economic growth. In order to receive patent protection for an invention, an individual or company must apply for one through the U.S. Patent and Trademark Office (USPTO). As compared to the processes of copyright and trademark registration, applying for a patent is a very lengthy, complicated, and expensive process with many pitfalls for anyone who isn’t familiar with the rules and requirements. In order to avoid making costly errors and wasting even more time, it is in every company and/or individual’s best interest to obtain the assistance of an experienced intellectual property lawyer when applying for a patent in Beverly Hills, CA.
Protect Your Valuable Trade Secrets with the Help of an Intellectual Property Attorney in Beverly Hills, CA
Oftentimes, the key to a business’ success is found in proprietary pieces of information, designs, blueprints, devices, software programs, or formulas unique to that company. These items or pieces of information create value for the company by virtue of being kept secret and maintained within the company. Sharing such valuable information with employees who must have access to trade secrets in order to fulfill a role within the company is an inevitable risk every business must take. In order to protect trade secrets and pursue the correct form of recourse when a trade secret has been compromised, it is important that companies obtain an experienced intellectual property lawyer in Beverly Hills, CA.