Murfreesboro Intellectual Property Lawyer
Among the most valuable holdings that a company may own is its intellectual property. Copyrights, trademarks, and patents can form the core of a company’s ability to produce products and retain their brand recognition in the marketplace.
Unfortunately, other parties may try to take advantage of your company’s hard work by stealing the right to produce items under a patent or by leveraging a company logo to try to siphon off business. The point of obtaining intellectual property rights is to prevent these occurrences from happening and to demand proper remedies in the event of infringing those rights.
A Murfreesboro intellectual property lawyer at the Miller Injury Firm could help your company if you suspect that another party has infringed upon your IP rights. Our dedicated attorneys work on full or modified contingency fee bases and will only collect a fee if your case ends with funds through a settlement or a court verdict.
What are the Rights of Companies that Hold Intellectual Property?
The main benefit of obtaining IP rights is exclusivity. Only the holder of a patent, trademark, or copyright has the ability to sell those products or use those designs. Any party that acts without permission is liable to provide damages to the holders of intellectual property.
For example, a company that holds a patent on an industrial design has the exclusive rights to produce products based on that design. If that company discovers that another party has been creating items that are substantially similar to the design, patent infringement may have occurred. Similar concepts apply when a company holds the copyright to a piece of writing or music. It also violates IP law when a party uses a trademark without permission. A Murfreesboro attorney could provide more information about IP rights and explore whether an infringement upon those rights has occurred.
Protecting IP Through Litigation
There is no doubt that violations of IP rights entitle the holders of the intellectual property to demand remedies from infringers. In many cases, it is necessary to enter into litigation to recover those payments. To prevail in these cases, it is necessary to prove the elements of the specific cause of action present in the scenario.
Another thing to remember about patent infringement cases is the statute of limitations. Usually, these are cases that involve federal IP. As such, 35 United States Code § 286 gives patent holders a maximum of six years after an infringement to bring a case to court. Similar concepts involving elements of proof and time limitations apply to trademark and copyright cases.
Our intellectual property lawyers at the Miller Injury Firm works with companies in Murfreesboro to pursue these cases in court. This can include gathering evidence concerning the infringement, taking the lead in negotiating an out-of-court settlement, and presenting persuasive cases in court that demonstrate an IP holder’s exclusive rights to use intellectual property.
Reach Out to a Murfreesboro Intellectual Property Attorney Now
The exclusive right to use a patent design, a trademark, or a copyrighted piece of literature is the bedrock upon which many companies base their business plans. When parties petition the state or federal patent offices to protect this IP, they are staking their claim to use these items. Any party that attempts to use them without the owner’s permission commits an infringement.
A Murfreesboro intellectual property lawyer could help you if you believe that another party has infringed upon your IP rights by demanding proper payments through a settlement or taking a case to court. Reach out to the Miller Injury Firm today to learn more.