Intellectual properties are incredible valuable assets for any company or individual and should be protected from those looking to take the ideas and concepts for their own gain. If your business is facing a situation of intellectual property dispute, having the assistance of an experienced attorney can be an invaluable resource.
Many New York companies have trademarks that help define the company's identity to consumers and the public. In addition to trademarks, many companies also have a unique trade dress that also helps to define the company. One may wonder: What is trade dress and how is it protected?
Copyrights are useful to those in New York who have created a tangible work that is of value to them when they want to protect the work from being duplicated by another. Books, pieces of art, movies and television shows are all examples of works that might be copyrighted. However, there will always be those who infringe on another person's copyrighted work. When this happens, the person whose work was infringed upon may want to file a lawsuit. However, they only have a limited amount of time to do so.
Intellectual property is important for many businesses. When there are suspected trademark infringements, it can hurt a company's brand. New York City is home to many creative people who generate new ideas, products and services. It is important that a company's trademarks are protected.
What started as a business-to-business contract in 2013, ended as an intellectual property infringement case filed in 2015 and settled finally in 2018. The owner of Grumpy Cat brand joined forces with a coffee maker called Grenade Beverage for a limited product offering based on the internet star who first appeared online in 2012 known as Grumpy Cat and owned by Tabatha Bundesen. However, Grenade launched other products beyond the scope of the original agreement, including a line of ground coffee, resulting in Grumpy Cat Limited's brand owner, Bundesen, filing a lawsuit for copyright and trademark infringement.
When someone creates an original work, they more than likely do not wish to see another party profit from it. While this expectation alone is a logical reason to register a copyright, protecting one's work can come with additional legal benefits.
When it comes to intellectual property in the public eye, brands - and rightfully so - can be very protective. Some brands, such as one represented by a certain round-eared rodent mascot, are infamous for how aggressively they police and protect their images, trademarks and copyrights. It appears that LeBron James' multimedia platform "Uninterrupted" looks to be a brand that wants to be known for its fierce approach to apparent infringement.
A trade secret is a type of intellectual property that can be protected by law. In New York, a trade secret is a formula, device, pattern or other information that is compiled to use in a business that gives the business a competitive advantage over others who don't have or don't know how to use the same information. If someone attempts to appropriate a trade secret, New York intellectual property law can protect its legitimate owner.
Copyright infringement can be costly, particularly when the work of one artist is used without permission in the successful work of another. A lot of ink has been spilled on famous - and infamous - cases of infringement that have resulted in the repayment of royalties, injunctions and shared copyrights. Sometimes infringement is avoidable (Google is widely available), and often it has been found to be unintentional. Even so, under most circumstances, an unintentional infringer may not continue to profit from the work of another.
Manhattan is a hotbed for ideas. Major corporations have trade secrets they want to keep close, tech startups need to trademark their names and logos and all manner of creatives, from playwrights to authors, have original works for which they'd like to retain the rights. Broadly speaking, all these concepts are known collectively as intellectual property. And fortunately, you can protect it.