Experienced Intellectual Property Attorney
At the Shambee Law Office, Ltd., we understand that intellectual property is more than an idea. Our competent legal team handles copyright and trademark litigation, protection, and prosecution of lawsuits in Florida and Illinois. Contact our office today if you need help safeguarding your valuable work or invention.
Copyright and Trademark Protection
Federal copyright law protects intellectual property in tangible media.
Copyrights give the creator of an original work or creation the sole right to publish and sell that work. According to the U.S. Copyright Act of 1976, copyright owners enjoy the exclusive rights to reproduce, distribute, publicly perform and display their creative works. Owners may also grant or sell those rights to other entities like recording companies or publishers.
Copyrights are different from trademarks, which are protected words, symbols, or specific features that represent a product/service. While copyright protects the expression of an original idea, a trademark protects a device that indicates the brand of a company.
Benefits of Registration
Trademarks and copyrights don’t need to be registered to be protected. However, registration affords owners several advantages, some of which arise specifically in the context of litigation. For instance, two benefits of copyright registration, in the context of infringement litigation, are constructive notice and statutory damages.
First, the constructive notice provides the owner’s claim to exclusivity, which prevents infringers from denying they had access to the copyrighted work.
The next benefit is statutory damages. Copyright owners, without a federal registration certificate, must prove their damages in litigation, which can be a difficult and expensive task. However, according to the Federal Copyright Act, registered owners can select the option of “statutory damages” which can reach $150,000 in cases of willful infringement.
Moreover, infringement litigation can also recover the profits made from the infringing material, along with the plaintiff’s court cost and attorney fees. These damages are available to cases involving registered/unregistered copyright and trademark disputes.
Infringement and Litigation
If a person or company violate a copyright owner’s exclusive rights, they can be liable for copyright infringement. In these cases, two of the main issues are whether the alleged wrongdoer had access to the copyrighted work, and if so, whether the infringing material is a copy of the protected work. If the answer to both questions is yes, then you have a supportable claim for copyright infringement.
The law doesn’t tolerate infringement and neither should you. Hiring a competent intellectual property attorney can help you recover the damages you deserve for the violation of your creator’s rights.
The Shambee Law Office, Ltd. Serves Clients in Florida & Illinois
At the Shambee Law Office, Ltd., we understand the importance of protecting your intellectual property. With years of experience, our qualified attorneys represent creators and companies in disputes involving registered/unregistered copyrights and trademarks in Florida and Illinois. Our legal team will defend your rights to the very end, even if that requires litigation and the prosecution of lawsuits. Contact our office today to schedule a free consultation and get the justice you deserve.