There are different types of intellectual property (IP). You want to ensure that your property is covered by the right kind of IP protection, and you also want to make sure you don’t violate anyone else’s rights.
In intellectual property infringement actions, penalties or awards can be hefty. Depending on the type of IP involved, damages are calculated in various ways. Courts may look to an amount set forth in the relevant statutes. They may look to an estimation of the rights-owner’s lost profits. Or they may try to guess what the parties would have agreed to in a hypothetical royalties negotiation.
Your inclination should be to protect your IP. When you consider these awards, you may do so with the presumption that you’d be receiving them. But what if you must pay them? Vigilance to avoid infringing the IP rights of others can be just as important as safeguarding your own.
So what can you do to avoid infringing somebody’s IP rights?
First, take a look at your branding and slogans. The pictures you feature on your website. The products you’re selling. You have to be sure that when you’re using slogans, graphics, and product components that nobody else has exclusive rights to them and you’re not courting copyright infringement, trademark infringement, or patent infringement.
Here are more tips you can apply to avoid risking an infringement lawsuit:
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Do your due diligence.
Search through copyrights, patents, or trademarks to confirm that your idea isn’t already protected by someone else.
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Inspect the fine print.
If you’re sourcing music, images, videos, or any other content online, understand what the terms and conditions are for using or licensing them. Make sure you download and save a copy of pertinent contracts or licenses.
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Consult an IP lawyer.
If you fear that infringement might be possible, get legal help. If there is a risk of violating IP laws, you can get advice on what steps to take to avoid infringement.
Need Intellectual Property Help? Contact an IP Attorney Today!
Whether you are seeking intellectual property protection, asserting your intellectual property rights, or dealing with other intellectual property concerns, consult an attorney with an in-depth understanding of intellectual property law.
When should you engage the services of an IP lawyer? There are many fitting scenarios. Here are a few examples:
- You have artistic works you want to register for copyright protection, inventions you want to have patented, or any branding that needs trademark protection.
- You believe that somebody is taking liberties with your creation and using it without permission.
- Your rights as an inventor have been infringed upon.
- You receive a cease-and-desist letter.
- Somebody is threatening you with intellectual property litigation over allegations of infringement.
Whether it’s your intent to protect your property or to defend your rights, it’s best to receive legal advice on how to proceed. Legal counsel and representation are paramount in more serious legal situations. For intellectual property matters, call us at War IP Law, PLLC to speak with an experienced IP attorney.
