Protecting and Enforcing Intellectual Property Rights
When intellectual property (IP) is not protected, it can be stolen or copied, and when that happens, another person or entity profits from your idea or invention. Intellectual property laws help you protect your intellectual property rights and provide options to take action when those rights are violated.
At The Green Firm, we use our resources and legal knowledge to ensure your intellectual property is properly protected and only benefits you or your business while also ensuring rigorous IP enforcement.
Types of Intellectual Property Protections
Intellectual property, according to the U.S. Department of State, “embodies unique work reflecting someone’s creativity and is all around us, manifested through miracle drugs, computer games, films, and cars.” Intellectual property laws have been created to protect unique work with the purpose of fostering continued creativity and inventions. There are four types of IP protections:
- Trade secrets
Through these protections you gain certain rights and control over the intellectual property. A copyright allows you to manage and control the use and licensing of your creative work. A patent establishes exclusive rights to an invention. A trademark defines and develops your brand. A trade secret secures important information that establishes a crucial, competitive edge.
Copyright registration is not what creates rights to original works of authorship, which include literature, music, movies, computer software, and more. Authoring these things is enough to have rights to them but not always enough to protect those rights. Registration offers better protection against infringement. For example, copyright registration establishes an official copyright date, which can be crucial in litigation because it indicates you were the first to
At The Green Firm, we represent both plaintiffs and defendants in copyright litigation in Southern California. We seek the protection of our clients’ rights, making sure the remedies obtained are appropriate and favorable.
Patents protect an invention – it gives the inventor or owner of the patent control over the use of that invention. When a patent is violated, the patent-owner can sue. Patent litigation is the process of these types of lawsuits. The patent holder can seek monetary damages and an injunction through a federal district court.
The Green Firm represents both patent holders or parties accused of infringement in Southern California. Litigation, however, does not always mean trial. Our team will work towards a negotiated settlement or use alternative dispute resolution when it’s feasible and beneficial. We will use our resources to secure the best outcome possible.
Holding a registered trademark means that other parties cannot use your mark without your permission or use a similar mark in a way likely to cause confusion. Remedies in trademark litigation can include injunctions and restraining orders, actual damages, disgorgement of profits the infringer wrongfully derived, and requiring the destruction of counterfeits or imitations under the control of the infringer.
The Green Firm will help prove the infringement and the appropriate measure of monetary damages. We pursue cases of infringement and trademark dilution under applicable state laws.
Trade Secret Litigation
Trade secrets come in many shapes and sizes, from formulas, to processes, techniques, and designs. Trade secrets are the life of a business and are meant to be kept secret. As such, when a business actively works to keep certain information confidential, parties who violate that confidentiality can be held accountable for any damages they cause.
Our intellectual property litigation attorneys take on former employees, subcontractors, vendors, or others guilty of confidentiality agreement or nondisclosure agreement breaches as well as misappropriation or outright theft of trade secrets.
Proactive Legal Services and Comprehensive Response to IP Challenges
Intellectual property laws help protect your rights, but these laws are not infallible. Many challenges still exist or are bound to arise in the future due to things like:
- Registry issues, backlogs, delays in registration
- Inadequate enforcement
- Continued advancements in technology
A comprehensive approach to the promotion, protection, and enforcement of intellectual property rights is the only way to address these multifaceted challenges. At The Green Firm, we are equipped with experience, skill, and knowledge to act before or at the first indication of infringement.
We know that protecting your brand and intellectual property requires constant vigilance. It is what the IP lawyers at The Green Firm do.
- We conduct research and analyze the potential patent-ability, trademark-ability, or copyright-ability of a client’s idea, invention, or work
- We prepare and file patent, trademark, and copyright applications on behalf of clients
- We strategize best means to protect trade secrets
- We advise clients on the appropriate types of IP protection for their business, and developing strategies to protect and enforce their IP rights
- We negotiate and draft licensing agreements, technology transfer agreements, and other contracts that relate to the transfer of intellectual property
- We comply with all the rules and regulations to minimize delays or challenges
- We monitor trademark and other databases for potential infringers
- We put potential infringers on informal and formal notice of their unlawful activity, demanding they cease and desist
- We seek a temporary restraining order or preliminary injunction, putting an immediate halt to the infringement while pursuing permanent relief
- We pursue all available remedies for IP challenges and infringements
Remedies for Intellectual Property Infringement
We seek all appropriate remedies for intellectual property infringement. Five specific remedies may be available to you, and if so, you know that we at The Green Firm will pursue them.
An injunction is a court order that requires the infringing party to stop using your IP immediately. Injunctions can be temporary or permanent, and they are often the first remedy sought by IP owners.
If you can prove that the infringing party caused you harm, you may be entitled to damages, which are monetary compensation for the losses you suffered as a result of the infringement. Damages can include lost profits, the cost of developing the IP, and even punitive damages in some cases.
Accounting of Profits
If the infringing party made money from using your IP, you may be entitled to a portion of those profits. This remedy is known as an accounting of profits, and it is often used in conjunction with damages.
Seizure and Destruction
In some cases, a court may order the infringing goods to be seized and destroyed. This remedy is usually reserved for cases involving counterfeit or pirated goods.
In some cases, IP infringement can be a criminal offense, and the infringing party can be subject to fines and even imprisonment.
Contact Competent Intellectual Property Attorneys Today
So many people and companies wait until this is an IP violation before seeking legal help with their intellectual property. At The Green Firm, we always advise clients to build a strong legal relationship with an IP attorney before any problems arise. Problems are not reduced to infringements alone but can happen at the initial strategy phase or during the registration process. Solid legal advice can get you started with proper IP protection and continued legal representation can help make sure you benefit from your intellectual property rights for years to come.
For practical advice, strategic assistance, and effective representation regarding intellectual property, the legal team at The Green Firm works tirelessly and strategically to benefit you. Whether you are based in Southern California or anywhere else in the United States, contact our IP litigation attorneys to learn more about intellectual property rights and discover why our clients trust us with their unique creations and inventions.