When a company is fighting an intellectual property infringement issue, one of the first things established by California courts is the jurisdiction. This is the location in which the court case will be heard. The venue in an IP case can play a significant role in the outcome, which is why it is essential for IP owners to be aware of their rights when a venue is assigned.
If you or your company in California is interested in protecting your unique terms, products or inventions, you will want to understand the different types of registrations potentially available to you. As explained by the U.S. Patent and Trademark Office, copyrights are for protecting creative works such as literary writings, musical creations or even advertisements and other marketing deliverables. Patents protect inventions or processes. Trademarks protect a company name or logo, including a particular style of displaying such things.
If you own intellectual property in California, then you are likely concerned with protecting it. Should someone infringe upon your rights, the case will typically end up in federal court where you have to be represented by someone who is able to work at that level, such as Millstone, Peterson & Watts, LLP. It is not an easy process, so it helps to understand exactly what to expect.
Infringements on any intellectual property rights you have should be taken seriously. As a Californian, you have protections for patents, copyrights, trade secrets and trademarks. According to Copyright Alliance, your rights to protect your intellectual property rights against infringements is granted under federal law. In general, infringement occurs whenever anyone violates the specific rights granted to you under federal law.
Fidget spinners are the newest fad in California and states across the country. Go to any social media site, and you will see people posting things about them. Some people love them, and others hate them (many of which are teachers whose classes have been interrupted by these toys). However, despite the feelings about fidget spinners, they are hot right now. It seems that they came out of nowhere, too. One day, they were just suddenly the biggest thing everyone was talking about. There is a really good reason for this.
California owners of trademarks have specific rights that are afforded to them under the laws of the United States. These rights protect the owners from having their marks used by others. According to the National Paralegal College, dilution is when the value of a trademark is lessened due to someone other than the owner using it.
Fighting intellectual property theft in California is not an easy thing to do. Once your IP has been stolen, it can be difficult to track who has stolen it and prove that they have done so. In addition, if it is a trade secret that has been stolen, you have already lost your protection, and the only recourse you may have is to collect damages. You will be much better off preventing the theft from ever occurring. Luckily, there are many steps that you can take to provide protection.
Before the internet, it was a little trickier to steal someone else’s intellectual property or get caught doing it. However, nowadays, it is much easier for you to get information swiped from your California website, blog or other online accounts. We work hard to fight for your intellectual property rights at Millstone, Peterson & Watts, LLP, because we know that theft is becoming more widespread, making it more difficult to protect your property.
The Digital Millennium Copyright Act protects online service providers, such as YouTube, in California and the rest of the country from being held liable for copyright infringement when a user posts copyrighted materials on the provider’s website. However, an important part of the DMCA is that the provider must have a designated agent or contact to whom copyright infringement notices can be sent, and upon receiving such notice, the provider must remove the content. According to the U.S. Copyright Office, the designated agent must be reported to them electronically and the contact information for the agent must be made public on the provider’s website in order for a provider to claim DMCA safe harbor protection.
When you have created and published a piece of work in California, you then hold the copyright to it. This affords you some protection against having that work stolen, reproduced, used or copied by others who do not have your permission. If someone violates your copyright protection, you can then take them to court to recover damages and prevent them from using your work.