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Orlando Intellectual Property Attorney

Intellectual Property refers to ‘creations of the mind'. Copyrights, Trademarks and Patents all provide different protections for your creative ideas. At NeJame Law we can help you determine whether a Copyright, Trademark or Patent is appropriate and can assist you in attaining the protection you need. If you have already received a Copyright, Trademark or Patent an Intellectual Property attorney from NeJame Law can help you enforce your rights against infringers. Intellectual property also includes your business' trade secrets. An Intellectual Property Rights Lawyer from NeJame Law can assist you in protecting your business' trade secrets .

Copyright

What is a Copyright and what does it protect?

A copyright is a form of protection for an author's "original works". Copyright protection is grounded in the U.S. Constitution and is available for published and unpublished literary, dramatic, musical, artistic and other intellectual works. In order to have copyright protection there must be: (1) an original work of authorship; (2) the work must be fixed in a tangible medium; and (3) there must be a minimal amount of creativity.

Copyrights do not protect your ideas. They protect the tangible expression of your ideas.

Do I need a Copyright?

The owner of a copyright has exclusive rights to do and authorize others to do the following:

  • Reproduce the work
  • Prepare derivative works based upon the work
  • Distribute copies of the work
  • Perform or display the work publicly

To receive these exclusive rights and to be able to bring a lawsuit for copyright infringement, you must first obtain a copyright.

How do I obtain a Copyright?

A copyright is automatically secured as soon as you "create" an original work. A "poor man's copyright" can be obtained by sending a copy of your work to yourself, but is not a substitute for an officially registered copyright.

To be federally protected by copyright laws you must register your copyright by completing an application (paper or online) and sending it, with the correct application fee, to the Library of Congress Copyright Office. Registration becomes effective upon receipt of your application.

Once it has been determined that your application is acceptable and meets all necessary requirements, your registration is assigned a number and catalogued online. The application process is complex and a Copyright attorney from NeJame Law would be more than happy to assist you in the process.

How long does a Copyright last?

  • For works created after January 1, l978 copyright protection lasts for the life of the author plus an additional 70 years. Special anonymous works and works created prior to January 1, 1978, have different copyright durations

What is Copyright enforcement?

Properly registering your copyright with the Library of Congress Copyright office establishes a public record. Therefore, if you have properly registered your copyright, you have a cause of action against anyone who then copies your work. When determining whether a copyright has been illegally copied upon there is a 2 part test that is used: (1) Access—whether the alleged infringer had access to the copyrighted work and (2) Substantial similarity—whether the copied work is substantially similar to the original copyrighted work. Once it has been established that the copyrighted work has been infringed, the holder of the copyright may take action! At this point you need a copyright attorney who has experience in copyright enforcement.

There are three forms of indirect copyright infringement:

  • Contributory Infringement: this happens when someone knowingly induces, causes, or materially contributes to the infringing conduct of another
  • Vicarious Infringement Liability: this is when someone who has the right and the ability to supervise the copyright infringer also has an obvious and direct financial interest in the infringement of the copyrighted materials
  • Intentional Inducement of Indirect Infringement Liability: This occurs when someone distributes a device or product with the clear object of promoting its use to infringe copyrights. The distributor of the device or product will be held liable for any resulting acts of infringement that result.

If you think that your copyright has been infringed or you would like legal assistance to enforce your copyright, call a copyright attorney at NeJame Law.

The source for all copyright information contained herein is: http://www.copyright.gov/

Help is here!!! If you would like to acquire a copyright or need help protecting a copyright that you already have, contact a Copyright attorney from NeJame Law immediately. You need an experienced Copyright lawyer on your case. We are available 7 days a week. Call us at (407) 245-1232 or fill out our online form. You can also e-mail us at Attorney@NeJameLaw.com. One of our copyright attorneys will contact you back shortly. We value your privacy and will keep any information strictly confidential.

Trademark

What is a Trademark?

  • A trademark is any word, name, symbol, design or any combination of those, used to identify and distinguish one person's goods from another's.
  • A service mark is basically the same thing as a trademark, but it is used to distinguish intangible services rather than products or goods
  • Collective membership marks are trademarks or service marks used by a collective group or organization and includes marks used to indicate membership in some association or organization
  • A certification mark is any word, name, symbol or design, or any combination of those who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the mark, but others may use it.

Do I need to Trademark my product?

Registering your trademark is not necessary to establish your rights. However, when you register your mark a public record is made of your ownership of the mark and you receive the following benefits:

  • You may bring a federal action concerning the mark
  • Your mark will be listed in the United States Patent and Trademark Office online database
  • Exclusive rights to use the mark

How do I obtain a Trademark?

To obtain a trademark you must complete an application (paper or online) and send it, with the correct application fee, to the United States Patent and Trademark Office. The application process is complex and a Trademark attorney from NeJame Law would be more than happy to assist you in the process. A Trademark can also help you conduct a search of the United States Patent and Trademark Office database before you file your application to determine whether there is a trademark similar to your already in existence. It may take anywhere from a year to several years for your application to completely process and your mark to register

How long does a Trademark last?

As long as you file all maintenance and renewal documents in a timely manner, your trademark registration will remain valid.

What is Trademark enforcement?

If you have registered your trademark and believe that someone is using it without your permission you should contact a Trademark attorney from NeJame Law immediately. Two common forms of trademark infringement are:

  • Contributory Infringement: An individual may be held liable for another's trademark infringement if they assist in the infringement.
  • Inducing Infringement: An individual may be liable for contributory infringement if he intentionally suggests that another person infringe a trademark and the other person does so.

Collateral Use of Marks

An individual may use the words or symbols of an existing trademark as long as they design their mark in such a way that it can be distinguished from the already existing mark. There should be no chance of confusion. If the mark does cause likelihood of confusion, the individual may be liable for trademark infringement.

The source for all copyright information contained herein is: http://upsto.gov

Help is here!!! If you would like to obtain a trademark or need help protecting a trademark that you already have, contact a Trademark Attorney from NeJame Law in Orlando immediately. You need an experienced Trademark lawyer on your case. We are available 7 days a week. Call us at (407) 245-1232 or fill out our online form. You can also e-mail us at Attorney@NeJameLaw.com. One of our trademark attorneys will contact you back shortly. We value your privacy and will keep any information strictly confidential.

Patent

A patent is granted to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention to the United States." 35 U.S.C. 154(1). If you have an original invention, you may want to consider patenting your idea. A patent is the most difficult form of intellectual property protection to obtain but provides the strongest rights. At NeJame Law we can refer you to a well-qualified patent attorney to help you obtain a new patent for your invention or idea.

Patent infringement is the unauthorized use of a patent. 35 U.S.C. 271. Patent infringement is a violation of your intellectual property rights. At NeJame Law our patent enforcement attorneys can help you protect those intellectual property rights. Our attorneys have experience in intellectual property litigation and can help protect you from becoming a victim of patent infringement.

Help is here!!! If you would like to acquire a patent or need help protecting a patent that you already have, contact an Intellectual Property lawyer from NeJame Law immediately. You need an experienced Orlando Patent Attorney on your case. We are available 24 hours a day 7 days a week. Call us at (407) 245-1232 or fill out our online form. You can also e-mail us at Attorney@NeJameLaw.com. One of our Intellectual Property attorneys will contact you back shortly. We value your privacy and will keep any information strictly confidential.

Trade Secret

A trade secret can be any confidential business information that provides an enterprise a competitive edge. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret.,
The protection of a trade secret is generally a prerequisite to any enforcement action. In order to prosecute an action for theft of trade secrets:

  • The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question).
  • It must have commercial value because it is a secret.
  • It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).

If you would like to provide protection to your trade secrets, contact an Intellectual Property attorney from NeJame Law immediately. You need an experienced Intellectual Property lawyer on your case to discuss what procedures you need to follow. We are available 24 hours a day 7 days a week. Call us at (407) 245-1232 or fill out our online form. You can also e-mail us at Attorney@NeJameLaw.com. One of our Intellectual Property attorneys will contact you back shortly. We value your privacy and will keep any information strictly confidential

Electronic Discovery (eDiscovery)

Electronic Discovery is an emerging area of law that is changing the way litigation is handled. Together, the 20th and 21st centuries have birthed a new generation of technology. This new digital era has led to an overwhelming increase of electronically stored information (ESI) and has changed the American discovery process of litigation. The change from paper discovery to Electronic Discovery (eDiscovery) has forced both plaintiffs and defendants to realize significant new expenses and obligations during the discovery phase of litigation. These expenses are so major that cases involving eDiscovery are often settled.

Due to the expense involved, eDiscovery has been more common in large corporate cases. However, as America moves closer to becoming an entirely paperless society, eDiscovery is becoming normal discovery and is an issue in both small and large cases. At NeJame Law we do everything to ensure that our clients' cases are handled properly. We help our clients understand their duty to preserve and how to treat their document retention policies. We help our clients determine whether they will need a computer forensics expert or simply an electronic discovery (eDiscovery) specialist. Failure to handle electronic information properly and failure to completely respond to discovery requests can lead to legal malpractice and even sanctions for both the attorney and the client.

At NeJame Law we have the resources to safeguard against these types of negligent mistakes and we always make sure that our clients are receiving competent and diligent representation. Whether your case is large or small, if electronic evidence is at issue, we have the experience to handle it.

Help is here!!! If you believe that your lawsuit may involve some eDiscovery issues contact an eDiscovery attorney from NeJame Law immediately. You need an experienced lawyer on your case. We are available 7 days a week. Call us at (407) 245-1232 or fill out our online form. You can also e-mail us at Attorney@NeJameLaw.com. One of our attorneys will contact you back shortly. We value your privacy and will keep any information strictly confidential.