Intellectual Property Attorney in Orlando, Florida
A retail establishment not only sells products but also possesses distinct slogans, logos, images, and business methods that it seeks to safeguard. These assets collectively fall under the realm of intellectual property, which requires protection against theft and misuse, just like physical property.
McDonald’s has its Golden Arches that symbolize the company and what it stands for. Coca-Cola has a secret formula for its beverage that is reportedly locked away in its Atlanta headquarters, with only two people having access to the storage vault where it’s held.
The four areas of intellectual property law are trade secrets (the Coca-Cola formula), trademarks (the Golden Arches), patents, and copyrights for creative works and ideas, whether in words, music, videos, graphics, or other formats. The owners need to protect their rights to these, and that’s where the laws of intellectual property come into focus.
If you or your business owns intellectual property in or around Orlando, Florida, and you believe someone is infringing upon your rights as the owner, contact us at Keough Law, PLLC. We will defend your rights to ownership.
On the flip side, if you’re being accused of infringing someone else’s intellectual property, we will represent you and assert your ownership interests. Our attorney proudly serves clients throughout the counties of Orange, Osceola, Hillsboro, and Pinellas.
What Does Intellectual Property Encompass?
Some may argue that intellectual property is the hidden tool for success in the business world. You may have a recipe for a secret sauce that brings customers streaming to your restaurant for your food. This could be a trade secret that you want to protect. You might have a symbol or logo that characterizes your business, so you trademark it. If you write a song or a novel, you will want to copyright it. If you build a better mousetrap, you will want to patent it to protect your rights.
Protect What’s Yours
Copyright
Once you create an original work, whether through writing, a photo, a drawing, a song, or even a blog post, you become the copyright owner. Your rights as the owner are set forth in the U.S. Constitution, which states: “Congress shall Power … To Promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
The first copyright law was passed in 1790. The current law was enacted in 1978 and extends copyright protection to the author or creator for his or her life plus 70 years. If it is a joint work, then the protection extends to 70 years past the last contributor’s death. Though copyright is granted automatically, it is also important to protect your interests by registering your work with the U.S. Copyright Office.
Trademarks
If you open a store in Orlando with a certain symbol that you trademark by yourself, and someone in Atlanta uses the same symbol, you may not be protected. For ultimate protection, you need to register it with the U.S. Patent and Trademark Office (USPTO), which can render you nationwide protection. Worldwide protection is another step.
Examples of famous trademarks include Apple’s logo and Adidas’s three stripes. Trademarks are subject to both state and federal law. Anyone can create a trademark by placing the TM symbol next to it, but that will generally only protect the trademark in the area it is being employed.
Patents
If you have indeed invented a better mousetrap or anything you wish to prevent others from copying and profiting from, then you need to register that with the USPTO as well. Again, worldwide protection is another step on the ladder.
Trade Secrets
This category can embrace many areas of doing business, from the “secret sauce” mentioned earlier to customer databases to marketing methods, formulas, practices, and more that give your business a competitive edge.
You cannot register a trade secret unless it falls under a trademark or copyright category, so you must exert efforts yourself to protect what is special to your business. This is often done through limiting access and requiring employees to sign non-disclosure and/or non-compete agreements.
How an Intellectual Property Attorney Can Help
Protecting your trade secrets, inventions, trademarks, and original copyright-eligible works can involve careful planning and even seeking government protection. Even with official registration for trademarks, copyrights, and patents, others can attempt to imitate or even steal what you’ve created.
An intellectual property attorney can not only help you establish government registration but also help you police and litigate against competitors who attempt to profit from your original ideas and works.
Intellectual Property Attorney in Orlando, Florida
If you’re looking to protect your intellectual property in or around Orlando, Florida, contact us at Keough Law, PLLC. We can counsel you on how to protect your intellectual property, whether a trademark, copyright, patent, or trade secret, and we can also help you enforce your rights to ownership. Reach out with all your questions and concerns.