Intellectual property (IP) is one of the most valuable assets a business can possess. That’s why our legal professionals at McAllister Garfield P.C. are committed to helping tech and creative media clients protect their original ideas and hard work. Led by Dan Kramer, our team has years of experience with IP law and patent-related cases. We provide experienced intellectual property attorneys to support companies of all sizes in Colorado, California, Michigan and Oregon.
There are several ways to safeguard intellectual property. By taking a close look at your business model and goals, we can help you choose an option that best suits your needs. Our legal team specializes in facilitating brand recognition, increasing company valuation, and making your business more attractive to investors. We guarantee efficient solutions and strive to build long-term relationships with clients.
Since 2009, we have represented clients in academia, small businesses, and major corporations in intellectual property cases. Our lawyers are fully trained to assist clients in discovering and securing a brand that effectively communicates a product to the marketplace. We interpret data and analytics to boost sales, offer valuable insight into product generation, and assess how patent protection or trade secrets can improve your business. More than just legal experts, we are business strategists who know what it takes to position your company for success.
Once we’ve set up your IP strategy, our attorneys can help commercialize your products through:
- brand licensing
- non-disclosure agreements
- employee contracts for assignment of intellectual property rights and confidentiality
- service agreements
- software-as-a-service agreements
- terms of service
- website terms and conditions and other contracts.
We’re proud to have worked with a range of industries including retail, entertainment, real estate, healthcare and cannabis.
What is Intellectual Property?
Intellectual property allows businesses to stand out and profit from its original ideas. IP laws protect inventions, literary and artistic works, designs, and commercial designs. Patents, copyright, and trademarks are developed to help innovators profit from their ideas and preserve their ingenuity.
In today’s digital landscape, intellectual property has become more important than ever. Businesses are constantly at risk of rampant violations of intellectual property, product imitation, and cybersquatting.
Our firm helps clients pursue and resolve cases of copyright infringement. We’ll assess risks and keep your innovative ideas safe from all types of duplication or misuse.
Types of Intellectual Property
Our firm has years of experience representing creators, developers, and businesses in obtaining and defending the following IP rights:
Copyright protects both published and unpublished work. You don’t have to go obtain a permit or have your work registered to acquire copyright. This type of IP protection is automatically granted to the creator of an original work the moment it has been created.
In some cases, businesses may “register” a copyright, although this can only be used as evidence in case of an infringement claim against them. Copyright registration is not a prerequisite for original copyright nor does it exempt firms from litigation.
A trademark is a recognizable word, phrase, symbol, or design that legally identifies an entity. By obtaining a trademark, you prevent other firms from taking advantage of your brand identity and reputation.
U.S. Patent Law states that anyone who “invents or discovers any new and useful process, manufacture, machine, or composition of matter, or any new and useful improvement may obtain a patent.” In addition, the machine or invention must have a useful purpose and a degree of “operativeness.” Machines that fail to deliver their intended purpose would not be deemed “useful” and therefore would not qualify for a patent.
Businesses that wish to obtain a patent are required to indicate in writing all the technical components and functions of the invention.
A design patent safeguards the ornamental or aesthetic appeal embodied in or applied to an article of manufacture. It consists of visual features such as colors, shapes, patterns, and lines.
Design patents may be applied to a range of goods and industries, from handicraft products to logos and electronic devices. They successfully prevent competitors and third parties from copying and monetizing your designs.
A trade secret refers to any process, pattern, formula, or technical information that a business has deliberately concealed from third parties. Trade secret misappropriation occurs when such information is improperly used or disclosed to unauthorized persons.
A geographical indication (GI) is a sign that applies to products or services that originate from a specific region. Additionally, the product should possess features that are essentially characteristic to that region.
A GI is generally used to protect local food items, beverages, agricultural products, handicrafts, and industrial goods.
What to Do if Your IP Rights are Infringed
In Colorado, businesses and individuals often face these types of IP-based litigation:
- Copyright/Trademark Infringement
- Domain Disputes
- Royalty Contracts
- Trade Name Disputes
If your intellectual property has been stolen or used without permission, it’s best to consult a lawyer as soon as possible. Intellectual property infringements can be brought to court and trigger millions of dollars in damages. This type of litigation, however, can turn into a costly and arduous process without proper legal help.
In successful IP-related cases, the court may order an injunction, in which the offender must refrain from misappropriating your assets. In addition, the offender may also be required to pay a monetary fine to the IP owner.
Or both parties may agree to an intellectual property license agreement. In this scenario, the IP holder retains ownership but gives another party permission to utilize some of their intellectual property rights for a limited time, in exchange for a fixed cash sum or royalty.
Speak to an Intellectual Property Attorney Today
At McAllister Garfield, we provide a full range of services designed to safeguard your intellectual capital.
From the start, we’ll discuss your ideas thoroughly and ensure communication is crystal clear. We’ll conduct in-depth research regarding your proposed copyright or trademark and identify potential risks. Our IP team will also help you file the necessary paperwork with state agencies or the Federal Patent & Trademark Office.
Whether you’re suing a competitor or being sued for infringement, you can count on us to deliver the smoothest resolution possible. We guarantee expert counsel to further your goals and address your unique concerns.
From completing patent applications to resolving infringement litigation, trust our IP lawyers to deliver reliable results no matter your situation. Fill out a form or contact David Wunderlich to get started.