What To Do If Someone Is Infringing Your IP Rights In Arizona
Protecting Your Intellectual Property From Infringement
Intellectual property (IP), which refers to a category of property made up of the intangible creations of the human intellect, is vital to the operation of many businesses. Intellectual property can include patents, copyrights, trademarks, and trade secrets, among other forms of property. But the benefit that a business receives from its hard earned intellectual property is worthless if other people are allowed to infringe those rights without consequence. If someone else has taken or is infringing upon your intellectual property rights in Arizona, you need the experience of an Arizona intellectual property lawyer who can represent you and protect your rights.
Types Of Intellectual Property Infringement
Infringement of IP cases are categorized into a variety of different types, depending upon the nature of the intellectual property that is being infringed upon:
Trademarks are the business names, mottos, logos, and other identifications that are used by a business in order to distinguish its products, services, missions, and goals from its competitors. These can be infringed by someone else using the same name or something confusingly similar.
This takes place when someone uses a design or manufactures a product that is under patent by someone else during the life of the patent. This type of infringement can also happen while the patent is pending and going through the authorization process, or if the patent information is utilized without the authorization of the patent holder.
If someone has reproduced, distributed, displayed, or performed the creative work of someone, such as an author, musician, or artist, without the permission of the copyright holder, there is a case for copyright infringement charges. Your Arizona copyright lawyer can walk you through your options in the situation and also help you understand the exceptions to the rules of copyright, such as fair use and parody.
Misappropriation Of Trade Secrets
A trade secret can be any confidential information that a business holds and protects as uniquely its own that gives an advantage over competitors. Trade secrets are kept from public knowledge and may include recipes, formulas, engineering processes, computer code, budgets, and general methods or processes used by the business. An infringement or misappropriation of trade secrets occurs when someone has violated his or her duty to keep the trade secret confidential or has acquired the trade secret through inappropriate means.
Cyber Privacy Violations
A more modern type of trade secret is information on a company computer, such as spreadsheets of data or customers’ private information. A data breach that harms businesses and/or its valued customers is a common example of a cyber violation, and would be prohibited by the Digital Millennium Copyright Act.
Occasionally, employees leave a company in order to establish their own new businesses based on what they learned or practiced with their former employer. Unfair competition occurs when a former employee violates a reasonable non-compete or non-disclosure agreement that he or she signed as a term of their former employment.
If you believe that someone is infringing on your intellectual property rights, an experienced Arizona trademark attorney can help you take action, including potential litigation, against the person who is infringing your rights.
Courses Of Action When Your Intellectual Property Is Infringed
Your first and more important course of action is to contact an Arizona intellectual property lawyer who will represent you. Your attorney will work to collect evidence of the alleged infringement and how it is negatively affecting your business. During legal proceedings, your legal team will make a presentation on your behalf and represent you during any settlement discussions.
You will also need to be prepared to gather documentation and work cooperatively with your attorney to collect the necessary information in order to build a compelling case. Your attorney may seek a variety of solutions on your behalf, including:
- Securing a temporary restraining order to stop the infringement immediately
- Filing a permanent injunction against the infringement following a hearing
- Recouping the profit that the defendant earned from your intellectual property
- Recouping any damages you or your business suffered
- Working to take down any copyrighted online materials
Your legal rights can be narrowed or even disappear if you wait too long to enforce them, so don’t delay; contact an Arizona copyright lawyer to defend your rights and protect your business against intellectual property infringement.
Arizona’s Leading Intellectual Property Attorneys
If someone is infringing your intellectual property rights or if you have been accused of infringement, Denton Peterson Dunn is ready to work on your behalf. We provide skilled representation with exceptional results in all areas of business law. Schedule your consultation today!