Palo Alto and Redwood City Intellectual Property Attorney
We Help With California Intellectual Property Law Matters
Intellectual property law deals with the legal rights associated with inventions and creative works. It controls who can use or profit from creations, designs, artistic works, and new products. Intellectual property law can involve either creative works or scientific works. The rules that govern intellectual property laws vary depending on the type of creation.
What Is Intellectual Property?
Intellectual property can encompass any of the following:
- Copyright – Creative works that fall under copyright law may include movies, music, choreography, performances, and print. Unauthorized individuals may not reproduce or use copyrighted works for personal profit. Works must be unique in order to receive copyright.
- Patent – A patent is a legal right to an original invention. Individuals cannot make, sell or distribute a patented invention without permission. To receive a patent, you must be able to show your idea is new. The length of a patent in the United States is twenty years.
- Trademark – A trademark is an identifier, such as a symbol, design, words, or lettering which represent a product or a company. A trademark, unlike a patent, can last forever. When a trademark is obtained, the product or the company has exclusive rights to make and sell products using the trademark.
- Industrial Design Rights – An inventor may create a new design to make a product; industrial design rights protect that inventor’s rights to use and profit from the design.
- Plant Variety Rights – When a horticulturist or another individual breeds a plant which is a new and improved variety, he or she can obtain exclusive rights to the plant and plant materials. The individual or company who holds the rights can decide to propagate the plant or sell licenses to others for growth and usage.
- Trade Dress – Trade dress rights can be complex, covering products sold in unique packaging. If you want to obtain trade dress rights, you must show that your specific packaging is aesthetic rather than functional, and that your packaging piques consumer interest in the packaging and the product.
- Trade Secrets – The law considers any plan or formula that a company has for doing business (including a way of doing things, or a specific system used to give one company an advantage over another) a trade secret. As an example, if a competitor obtained the “secret” spices used by KFC in an unlawful manner, KFC could bring an action for trade secret violation.
What Protections Can Our IP Attorney Provide?
The Redwood City intellectual property attorneys at the Winghart Law Group, Inc. can help you or your business with the following:
- Trademark Protection, in the form of advice and registration of marks, brand management strategies, and assessment and litigation of trademark infringement issues.
- Trade Secret Protection, in the form of nondisclosure agreements, non-compete agreements, counseling on building and maintaining an effective trade secret program, and litigation of trade secret theft and disclosure.
- Licensing, in the form of all aspects of IP transfers and litigation of license-related disputes across many industries.
- Copyrights, in the form of advice and registration and assessment and litigation of copyright infringement.
We Can Help Resolve Intellectual Property Disputes
Winghart Law Group, Inc. can help businesses with business litigation and alternative dispute resolution (ADR). If prior attempts to resolve an intellectual property issue failed, then litigation or ADR may be the best path to resolving your situation.
With alternative dispute resolution, the parties involved in the dispute resolve their differences with the help of a third party. ADR is generally less expensive as well as more private and affordable than business litigation.
Contact Our Redwood City Intellectual Property Attorneys Today!
If you have intellectual property, it is important to know how to best protect that property and your business assets. We’ve been serving Palo Alto businesses for years. We can help you with all of your intellectual property needs and answer any questions you may have! To learn more, contact the Palo Alto business attorneys at Winghart Law Group, Inc. at (650) 332-2994 or fill out our confidential contact form.