Protection of intellectual property is of paramount importance to a business’s long-term success. The United States offers strong protections to copyright and trademark rights at the state and federal levels. The ever-increasing number of online forums and ecommerce platforms makes trademark and copyright protections of the most significant factors to success business growth for many businesses. Whether your business is in the early stages or already established, it requires a competent strategy for the protection and expansion of intellectual property rights.
A trademark is a property right in the use of a particular mark, brand, phrase, graphic, or other identifying characteristic that distinguishes goods or services from those of another business or competitor. The trademark is an intellectual property right that allows businesses to prevent others from trading off one’s goodwill or reputation. Copyright law, including the U.S. Copyright Act, grants exclusive rights to authors of original works of authorship. This can include many forms of publications, including literary, musical, artistic, and commercial expressions. Copyright protections attach when an original work is “fixed in a tangible form of expression.” The law of trade secrets protects the secrecy of highly confidential business information. The Uniform Trade Secrets Act (UTSA) defines a trade secret as: “information including a formula, pattern, compilation, program, device, or process, that: (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (2) is subject to efforts that are reasonable under the circumstances to maintain its secrecy.” However, a company must take necessary steps to protect the confidentiality of that information to preserve legal protections in a trade secret.
Emord & Associates counsels clients on legal parameters of copyright and trademark law. The firm has experience in copyright and trademark enforcement under state and federal law. The firm regularly litigates under the federal Lanham Act. The firm litigates and advises clients on matters related to trade secret protections. The firm can pursue and defend protected IP rights through formal and informal means, including prelitigation concerns like cease-and-desist letters, coexistence agreements, and alternate dispute resolution options.
