When most people think about business law, the first thing that comes to mind is contracts. But there are several other important areas of law that businesses need to be aware of, including trademark law. If you have been accused of such a thing as copyright infringement, then you ought to know why. This article will explain more about this area of business law.
The role of law professionals like these criminal attorneys in Los Angeles is to mount a good defence against the accusation of copyright infringement, which is why having them on your team is vital.
Trademark law is one of the most important areas of intellectual property law, governing the use of trademarks in the marketing and sale of goods and services. Trademarks are a form of intellectual property that can be used to protect the name of a business, product, or service.
Below are some facts about trademarks, for you to better understand what your criminal attorneys will be gathering evidence on.
The Laws Governing Trademarks
There are several different laws governing trademarks, including the Lanham Act which is widely used in the United States of America. This type of law protects trademarks by preventing others from using a similar name or mark in a way that could confuse consumers.
What a Trademark Protects
It is important to note that trademark law does not protect ideas, only the expression of those ideas. So, for example, you could not trademark the idea of a new type of computer, but you could trademark the name of the computer.
Who Firms Consult Over Registering a Trademark
Those registering a trademark should have, in the first place, been in contact with a qualified intellectual property lawyer to ensure that their trademark does not infringe on the rights of another business.
Here are some facts about trademark law that every business should know or remind itself of:
- Trademarks are governed by both federal and state laws in the United States.
- To be eligible for trademark protection, a mark must be used in commerce.
- A trademark can be any word, name, symbol, or device that is used to identify a particular product or service.
- Trademarks are typically registered with the United States Patent and Trademark Office (USPTO).
- The registration process can be lengthy and expensive, so it is important to consult with a qualified trademark attorney before beginning the process.
- A trademark registration gives the owner exclusive rights to use the mark in connection with the goods or services specified in the registration.
- Once a trademark is registered, the owner must take steps to enforce their rights if they believe someone is using their mark without permission.
- Trademark infringement is a civil offence, not a criminal offence.
- The remedies for trademark infringement include an injunction (a court order preventing the infringing use), damages, and attorneys’ fees.
- It is important to note that trademark law is constantly evolving, so it will be in your best interest to stay up-to-date with the latest developments.
It is fundamental to find a criminal defence lawyer if you have been accused of infringing the copyright of another business. It is cost-effective to have the criminal defence lawyer uphold your rights to use copyright that you think does not copy another or you believe you came up with first.
Do not just think of lawyers to protect copyrights in the first place, use them again when you are suspected of infringement of any kind.
A criminal defence lawyer specializing in business law will help protect reputations. And this can make a big difference to company profits when you have someone fighting your corner over who owns the copyright and has the long-term right to sell a certain product under a certain name.
It is always worth defending a name, so get in touch with a professional lawyer if you find yourself in this situation.