Discovering that someone has stolen your intellectual property can be frustrating and disheartening. If you are facing an IP issue, seeking prompt legal help is important to protect your rights and stop the infringement.
At Barsik Law Offices, we understand the hard work and creativity you pour into your ideas, inventions, and brand identity. That is why our attorney is dedicated to protecting the rights of creators and business owners.
With years of focused experience in intellectual property law, we provide clear guidance and strong representation for clients. We serve clients across Pennsylvania, including Allentown, Philadelphia, and Stroudsburg, as well as New Jersey, including Morristown, Newark, Summit, Bedminster, Roxbury Township, Dover, and Denville.
Understanding Intellectual Property Infringement
Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. When someone uses your IP without your permission, it is called infringement. This can take several forms depending on the type of intellectual property involved.
Types of IP and How They Can Be Infringed
Copyright: This protects original works of authorship, like books, music, art, and software. Copyright infringement happens when someone reproduces, distributes, performs, or displays your work without your consent. An example would be another company using photographs from your website on their own marketing materials.
Trademark: A trademark protects brand names, logos, and slogans that identify the source of goods or services. Trademark infringement occurs when another party uses a mark so similar to yours that it is likely to confuse consumers about the origin of the products or services.
Patent: Patents protect inventions. Patent infringement involves the unauthorized making, using, selling, or importing of a patented invention. If you have a patent for a specific machine part, another company manufacturing and selling that exact part without your permission is infringing on your patent.
Trade secret: This refers to confidential business information that provides a competitive edge, such as formulas, practices, or customer lists. Misappropriation of a trade secret occurs when someone acquires it through improper means (such as theft or bribery) or discloses it after signing a confidentiality agreement.
Recognizing the specific type of infringement is the first step toward taking appropriate action. Speaking with our knowledgeable legal team is highly beneficial for assistance.
Immediate Steps to Take After Discovering Infringement
Once you suspect your IP has been infringed upon, it's beneficial to act methodically. Taking the right initial steps can strengthen your position and prepare you for the legal process ahead.
1. Gather and Preserve Evidence
Your first action should be to collect as much evidence as possible. This documentation is the foundation of your claim. Take screenshots of infringing websites, save emails or social media posts, and purchase the infringing product if you can. Note the dates, times, and locations where you found the infringement. The more detailed your records are, the better. This evidence will be vital whether you are sending a cease-and-desist letter or filing a lawsuit.
2. Document Your Own Ownership
Alongside evidence of the infringement, gather all documents that prove your ownership of the intellectual property. This could include patent grant documents, trademark or copyright registration certificates, or records showing the creation and first use of your work. For trade secrets, compile evidence of the measures you took to keep the information confidential, such as non-disclosure agreements (NDAs) and internal security protocols.
3. Consult with an Intellectual Property Attorney
Before you contact the infringing party, it is wise to consult an attorney specializing in intellectual property law. We can help you assess the strength of your case, understand your legal options, and develop a sound strategy. Trying to handle the situation on your own can sometimes lead to mistakes that weaken your claim or result in an unsatisfactory outcome. A legal professional can guide you through the process, from initial contact to potential litigation.
Legal Options for Stopping IP Infringement
With the help of an attorney, you can pursue several avenues to stop the infringement and seek compensation for any damages you have suffered.
Sending a Cease-and-Desist Letter
Often, the first formal step is for your attorney to send a "cease-and-desist" letter to the infringing party. This letter identifies your intellectual property, explains how the recipient is infringing upon it, and demands that they stop their infringing activities immediately. It may also require an accounting of profits from the infringement and payment for damages. A well-drafted letter from a law firm shows you are serious and can often resolve the issue without needing to go to court.
Negotiation and Settlement
If the infringing party responds to the cease-and-desist letter, it may open the door to negotiations. We can work to reach a settlement agreement that benefits you. This could involve the other party agreeing to stop the infringement, paying you a settlement, or entering into a licensing agreement under which they pay you royalties for continued use of your IP. A settlement avoids the time and expense of a lawsuit.
Filing a Lawsuit
If the infringer ignores the cease-and-desist letter or refuses to cooperate, filing a lawsuit may be the next step. IP litigation typically takes place in federal court. Through a lawsuit, you can seek an injunction—a court order that legally forces the other party to stop their infringing actions. You can also sue for monetary damages, which can include the profits the infringer made from using your IP, the financial harm you suffered, and, in some cases, statutory damages and attorney's fees.
A Look at Pennsylvania and New Jersey Laws
While much of intellectual property law is federal, state laws also play a part, particularly concerning trademarks and trade secrets. In both Pennsylvania and New Jersey, you can register a trademark at the state level. This protection is limited to the state border but can be a valuable supplement to federal registration, especially for local businesses.
Both states have also adopted versions of the Uniform Trade Secrets Act (UTSA). In Pennsylvania, the Pennsylvania Uniform Trade Secrets Act (PUTSA) and in New Jersey, the New Jersey Trade Secrets Act (NJTSA) provide legal remedies for the misappropriation of trade secrets. These laws allow you to sue for an injunction to stop the use of the stolen information and to recover damages for the economic loss you suffered. The laws in both states recognize the value of confidential business information and provide a strong framework for protecting it.
Intellectual Property Attorney Serving Pennsylvania and New Jersey
At Barsik Law Offices, we strive to build trust with our clients through open and honest communication. Our attorneys have the knowledge and background to provide effective legal representation for your intellectual property matters. When you work with us, we work to understand the situation and develop tailored solutions. Call today to resolve your intellectual property issues with a dedicated legal partner. Serving clients across Allentown, Philadelphia, and Stroudsburg, Pennsylvania, and New Jersey, including Morristown, Newark, Summit, Bedminster, Roxbury Township, Dover, and Denville.
