Companies in California are coming up with new, innovative products and services on a daily basis. While they often search for protection with patent, trademarks or copyrights, some do not realize that the creations of the mind are also protected as intellectual property. According to the California Department of General Services, intellectual property covers things such as words, symbols, software, phrases, logos, discoveries and designs.
Intellectual property laws and the things that threaten them
What should you do if you are accused of copyright infringement?
If a company suspects that you or your California business is guilty of copyright infringement, the entity or one of its representatives will send you a letter or email or otherwise notify you via telephone that you are in violation of its copyright. The claim may relate to an article published on your website or to a photo you used in your blog. Typically, the notification will inform you that if you do not take steps to remedy the situation (remedy usually means pull down the copyrighted content or pay a fee), the owner of the copyright will file a court action against you. Upon receipt of this notification, you may panic, but do not -- instead, take the time to understand the claim and determine the best course of action based on your organization's needs and circumstances.
What is trademark infringement?
If you have recently created a trademark for your business, product or service, you want to ensure it does not fall into the hands of any other entity. Your trademark represents your product, brand and/or name. When someone else uses it, it may mislead consumers, destroy your reputation and affect your bottom line. Trademark infringement occurs when an entity uses a mark without your permission. There are steps you can take to defend your business against trademark infringement.
How can copyright registration offer more protection?
When it comes to intellectual property in California, sometimes it can be tough to protect it. You may not know right away that someone is using your work. Furthermore, once you discover an issue, it can be hard to remedy the situation. If you register your copyright, you will receive additional protections. Copyrights are registered with the U.S. Copyright Office.
Wang IP Law Group scores big win for small organization
Copyright protections allow the owner the ability to hold a party that violates the copyright accountable for the violation. But when does the use of a copyrighted material rise to the level of a violation? That was the question discussed in a recent a case.
Wang IP Law Group Scores Big Copyright Win
Copyright protections allow their owners to hold violators of the copyright accountable. But when does the use of a copyrighted material rise to the level of a violation? This was the question discussed in a recent a case.
How can I protect my trade secrets?
Trade secrets are as diverse as the businesses they belong to. Lists of customers, recipes, methods of operation, formulas, and pricing can all have a real impact on the success of your enterprise and can result in loss of profits if this information falls into the hands of competitors. There are steps you can take to protect trade secrets, as explained by the U.S. Small Business Association.
How long do my intellectual rights last?
When it comes to intellectual property, you have to look to the federal government for protection, not the state of California. While the state provides some intellectual property protections, the federal government mandates very specific protections and limits on those protections. Each type of intellectual property is protected in a different way. While some may have lasting protection, others have protection limited to a specific number of years.
Can a stolen trade secret be saved?
As a strong competitor in your industry in California, you have worked relentlessly to develop trade secrets that have given you an edge on your competition. As such, you have carefully trained your employees who have access to this confidential information to protect its sensitivity and privacy. However, it is imperative that you plan for the worst-case scenario so you can be prepared should such valued information ever become compromised.
What is a cease and desist letter?
One of the most common responses to a violation of intellectual property rights is to send a cease and desist letter. According to QuickBooks, this type of letter informs a person that he or she is violating your intellectual property rights by using your protected material.
