For many individuals and businesses, their intellectual property is their most valuable asset. A good New York trademark attorney can help their clients keep their intellectual property secure, whether it comes to protecting, identifying, or registering a trademark relating to the name of an organization or company; registering a domain name; or registering a distinguishing service mark.
A trademark lawyer may also have experience assisting clients with copyright law matters for those seeking to protect, register, and identify the copyright of original works, such as photographs, literary works, music, curricula, computer software, or clothing designs. An experienced New York’s trademark attorney should have the skills to undertake a wide range of work on clients’ behalf to protect any form of intellectual property.
An entertainment lawyer or trademark attorney can also work with their clients to monetize or share their intellectual property with a third party through asset purchase agreements or license agreements, as well as to acquire the trademark rights of a third party through similar agreements.
In some cases, another party may try to infringe upon or use a client’s trademarks and copyrights without the appropriate permissions. Trademark attorneys in New York can help their clients take the necessary legal action by sending cease and desist letters or negotiating a settlement. If the situation requires it, the lawyer can file lawsuits in state and federal court.
A trademark lawyer’s duties
- Copyright registration
When an individual or an organization creates an original work in a tangible medium, such as a recorded song, a story featured in a book, newly created software, or a photograph, it can be eligible for copyright protection. Like in the case of trademarks, copyright registration protects these assets from improper use.
- Trademark registration
Once an individual or organization identifies the slogans, phrases, or names for which they wish to seek protection, an experienced attorney can work with them to ensure that their trademark registration is completed properly. The legal professionals can prepare registration applications so that the trademark owners can fight against any instances of infringement.
Additionally, a lawyer can also help clients when third parties raise various concerns and claim similar rights. After the trademark registration process is complete, lawyers assist clients to handle the registration of the marks.
Trademark registration helps to strengthen the holder’s rights, while working to ensure proper use of their intellectual property. It can offer increased protection to the asset holder under judicial precedent and federal law.
Rightful copyright and trademark use by third parties
Resources are available to allow people to easily find others’ copyrights and trademarks online. This results in the false assumption that trademarks can be copied and that people can use this content without seeking appropriate permission from the content owner or creator. However, there are some exceptions to trademark law, such as fair use or referencing a copyrighted or a trademarked work.
In some cases, trademark infringement can significantly harm the asset owner’s reputation. It is recommended to work with a highly qualified New York trademark lawyer for help resolving the situation. A legal professional can help clients to exercise their intellectual property rights in the strongest possible way.
The trademark lawyers work alongside the clients to help them determine the steps they should take for clearing the use of copyrights and trademarks. In addition, they can also help them obtain permission through licenses and other agreements.
Licensing trademarks and copyrights to others
Trademark attorneys in New York can help clients develop strategies for licensing their copyrights and trademarks and monetizing their intellectual property, or for sharing it with a third party for charitable endeavors. A lawyer can draft licensing agreements to memorialize the understanding between different parties for clearing the responsibilities and rights regarding intellectual property for all involved.
Enforcing intellectual property rights
After expending the valuable resources necessary to develop intellectual property, including copyrights and trademarks, asset holders would not want others to use their property without their permission.
In many cases, such as in trademark litigation, failure to enforce the intellectual property rights may weaken a plaintiff’s case. Additionally, a failure to consistently and properly use the trademark may affect the strength of a lawsuit against a potentially infringing party.
Trademark lawyers can work with the clients to promote proper use of copyrights and trademarks and processes to help identify whether any infringing use is occurring within the market. They work with clients to help them take action to enforce their rights through cease and desist letters. The parties can achieve a resolution through negotiation, litigation, and arbitration when needed.