Facebook Twitter
Call Us

Call Us Today

866.377.2836

Our Blog
Intellectual Property Law FAQ

Intellectual Property Law FAQ

Intellectual Property
Intellectual property (IP) is a valuable asset for businesses or individual artists or inventors. The law provides ways to protect your IP from misappropriation or use by others without authority, and an intellectual property lawyer in Orlando and Tampa can advise you of your legal options. The following are only a few frequently asked questions about IP laws. What are my options for IP protection? The types of protections available to you depend on the type of intellectual property you want to protect, as follows: Copyright = This protects original creative works, including songs, writings, photos, physical art, and more. Trademark = This protects aspects of a company’s brand, such as a name, logo, slogan, or symbol. Patent = This protects inventions, formulas, or material improvements on existing inventions or…
Read More
This Copyright Case is “Bananas”

This Copyright Case is “Bananas”

Copyright
Bill Gates once famously said that “Intellectual property has the shelf life of a banana.” While the truth of that quote is questionable at best, it seems appropriate in light of a copyright case currently in the 3rd U.S. Circuit Court of Appeals. The case is between two companies, claiming copyright infringement over a banana costume. The plaintiff, Silvertop Associates, claims that the defendant, Kangaroo Manufacturing, sold a banana costume that was too similar to their own banana costume. The defendant claimed the plaintiff’s costume had no distinctive marks (i.e., sunglasses or brown spots). Therefore, the defendant claimed the plaintiff could not copyright a design based on a fruit found in nature. The plaintiff maintains it had a specific design for its banana, which the defendant copied. While the above…
Read More
Benefits of Registering a Trademark

Benefits of Registering a Trademark

Trademark
Trademarks can be highly valuable, as your brand can increase consumer recognition, customer goodwill, and in turn, greater profits. When you begin using a name, logo, or something else that distinguishes your brand, you will have some trademark protection automatically. However, there are several benefits to applying to officially register your trademark with the United States Patent and Trademark Office (USPTO). To discuss the registration of your specific trademark, contact a trademark lawyer in Orlando. The following are some general benefits you may enjoy from trademark registration Your trademark will appear in trademark searches, possibly deterring others from using the same or similar mark. Registration prevents others from registering a confusingly similar mark. You have nationwide protection and not just in your geographical area. Provides nationwide notice of your trademark,…
Read More
IP Protections can Help Breed Success

IP Protections can Help Breed Success

Uncategorized
Many business owners may underestimate the importance of intellectual property protections. However, some companies have based their success largely on branding, inventions, and other intellectual property. Did you know that some trademarks are worth billions of dollars? Also, many companies built success on patented inventions that keep them ahead of their competitors. The following are only some of the most successful IP protections of companies today. Apple - With its simple yet distinct branding, Apple relies on its branding to set its products apart from similar tablets and smartphones. Many people are loyal to the iPhone based on its specific user interface and branding, earning Apple billions of dollars. Google - With its easily recognizable logo, Google has become the most reliable and ubiquitous search engine based on its unique…
Read More
What if Someone Infringes on Your Trademark?

What if Someone Infringes on Your Trademark?

Trademark
When you register a trademark for your brand, you expect that the trademark will protect you from others misappropriating your company name, logo, or other branding. However, there may come a time when you learn that someone is using your trademark and wonder what you can do. First, you should discuss with an attorney whether the use constitutes trademark infringement, as not all use rises to a legally actionable level. If your attorney determines that someone else is wrongfully using your trademark or one that is confusingly similar, you have the right to stop the infringement. First, your attorney may send a cease-and-desist letter to the infringer. In some cases, this is the first notice that they are doing something wrong, and they may stop voluntarily, preventing the need for…
Read More
When to Consider a Provisional Patent

When to Consider a Provisional Patent

Uncategorized
After you invent something, it can take time to get it onto the market. Maybe you need to find the right developer or manufacturer if you do not have the resources to produce your invention yourself. Perhaps you’re not yet sure if there is even a market audience for your product and you want to get opinions from professionals. In either situation, shopping your product will most likely involve revealing the details of your invention. If you do not have the necessary intellectual property protections, this can allow other parties to take your idea and produce it on their own. Inventors often obtain patents to protect their ownership of their design or idea. However, applying for a patent is a complex process that can take time and be costly. If…
Read More
Licensing Your Trademark

Licensing Your Trademark

Uncategorized
Once you register a trademark for your brand, logo, and/or company name, you have the exclusive right to use the trademark. That is unless you decide to enter into a license agreement for another company to use your trademark. This is common in merchandising agreements and other business collaborations, and licensing your trademark can be beneficial if done correctly. You should always discuss licensing prospects with an experienced Florida intellectual property attorney. Market expansion and increased recognition - When another company promotes a product or service using your brand, you get to use their marketing and distribution channels to reach new consumers and increase the public’s recognition of your brand. Workload distribution - Licensing partnerships often involve allowing someone else to focus on production operations and quality control, which takes…
Read More
FAQs about Copyrights

FAQs about Copyrights

Copyright
A copyright is given by statute to authors who create literary or artistic works. Once the creation takes place, authors are automatically given a copyright to their production. This gives them exclusive rights to the work, allowing them to make the sole decisions regarding the sale and publication of the work. While you are eligible for a copyright immediately following the work’s creation, it is still advisable to register your work. At Daniel Law Offices, P.A., our copyright attorneys have helped many clients throughout Orlando and Tampa register their copyrights and we have protected clients from copyright infringement. Below are some of the most common questions we hear about copyrights. What does it mean that a copyright begins on creation? Any item of literary or artistic work is eligible for…
Read More

4 Key Ways to Protect Your Trade Secrets

Trade Secrets
A trade secret is a unique trait that separates your business from others in your industry. A trade secret is a product, recipe, formula, design, or other factor which helps give your business a competitive edge over businesses similar to yours. A trade secret is proprietary to your company and is protected under U.S. law. To ensure your trade secrets are safe from competitors though, it is important to follow these tips to protect your company’s valuable information. Identify your trade secret: The first step in protecting your proprietary information is identifying what it is. Not all information needs to be kept secret, so you must assess what is most significant to your company and what will produce the most value for the company in the future. Another vital factor…
Read More

Patent Litigation 101

Patents
When it comes to technology, nothing is simple. You may think that just because you hold a patent, your ideas are safe from being stolen. Unfortunately, the reality is that only aggressive legal action can protect your patents. Patent pirates know that many people are reluctant to pursue litigation. Taking a case to court is an uncertain and expensive process, but allowing pirates to steal from you will cost even more. Whenever another party makes, uses, or sells your patented item or idea without license, you have the right to sue the infringing party. Litigation can stop their activities and you may be entitled to compensation. However, infringement is rarely easy to prove. If you are concerned about the safety of your patent, you should understand the different types of…
Read More

Request A Consultation