Few things are more frustrating than having something taken from you without permission.
When someone steals your personal or physical property – like a car, jewelry, or money – you can file a police report and potentially an insurance claim. You then hope the authorities recover your property, apprehend the thief, and that justice is served.
But what happens when someone steals the intellectual property crucial to your Florida business? What should you do? Do you have any options for legal recourse? And how can you protect your business’s intellectual property from theft in the first place?
In this article, the business litigation attorneys at Capital Partners Law provide a comprehensive overview of intellectual property theft as it relates to Florida businesses.
Defining Intellectual Property in Florida Businesses
Intellectual property refers to certain business assets that are intangible—unlike physical assets such as real estate, equipment, or inventory. Created through human ingenuity, intellectual property includes, but is not limited to:
- Symbols
- Logos
- Brand names
- Designs
- Formulas or recipes
- Written material
- Software
Various art forms, including photographs, drawings, and sketches, may also be classified as intellectual property.
What Are Intellectual Property Rights?
Because intellectual property often has intrinsic value, the law provides specific rights and protections to its holders. These intellectual property rights include patents, copyrights, trademarks, and trade secrets. While we will explore trade secrets in a future article, here is a brief overview of the others:
Patents
Inventors in Florida can apply for patents through the United States Patent and Trademark Office (USPTO). The application process requires a “detailed public disclosure” of the invention. Successful applicants obtain the exclusive right “to make, use, or offer for sale” their invention for a limited time.
Copyrights
Copyrights generally apply to original works such as:
- Poems
- Theses
- Plays
- Literary works
- Movies
- Choreography
- Musical compositions
- Sound recordings
- Paintings
- Drawings
- Sculptures
- Photographs
- Computer software
- Radio and television broadcasts
- Industrial designs
A creator of an original work can obtain a copyright to secure the exclusive right to use and distribute it. However, copyright protection does not apply to concepts, only to the original expression used to convey them.
Generally, creators own the copyrights unless the work was commissioned and payment was accepted. While not required, a copyright can be registered with the Copyright Office of the Library of Congress by submitting an application, a small fee, and a deposit of the work in question. Different forms and fees apply depending on the type of work submitted.
As a general rule, copyright protection for works created after January 1, 1978, lasts for the life of the author plus 70 years. For anonymous works, pseudonymous works, or works made for hire, copyright protection lasts for 95 years from the first publication or 120 years from creation, whichever is shorter.
Trademarks
A trademark is a recognizable “sign, design, or expression” associated with a specific source of products or services. Trademarks play a crucial role in business by fostering brand recognition and loyalty. Common examples include brand names, colors, images, or sounds. However, contrary to popular belief, the right to use your business name as a trademark is not guaranteed.
Trademark ownership is available to individuals, businesses, or any legal entities. Trademark rights are granted on a “first come, first served” basis. The first individual or entity to obtain trademark rights for a specific product or service is known as the “senior user” and has the exclusive right to prevent others from using a confusingly similar mark for comparable products or services.
While Florida businesses can secure trademark rights without registration, registration offers certain advantages. Businesses can register their trademarks with the United States Patent and Trademark Office (USPTO) and/or the Florida Secretary of State. Trademarks registered with the USPTO must be renewed every 10 years.
Understanding Intellectual Property Theft
Despite these rights and protections, intellectual property theft can pose a significant threat to Florida businesses.
Intellectual property theft is broadly defined as the unauthorized use, misuse, or outright theft of:
- Original works
- Ideas
- Trade secrets
- Any exclusive material subject to intellectual property laws
This includes various offenses such as trademark violations, copyright infringement, and patent infringement.
- Trademark infringement occurs when a secondary or junior user uses an identical or similar mark on products or services in a way that is likely to cause confusion about their origin or imply an endorsement by the senior user.
- Copyright infringement involves violating the copyright owner’s exclusive rights, such as unauthorized use of a copyrighted image in promotional material, installing software on multiple devices when licensed for only one, or creating derivative works based on copyrighted originals.
- Patent infringement happens when someone, without permission, imports, sells, uses, or makes a product invented by someone else.
Steps to Take Following Intellectual Property Theft
If you suspect your Florida business has been affected by intellectual property theft, there are steps you can take.
First, try contacting the person or entity involved. Inform them that you are aware of their actions and request that they cease the unauthorized use. This approach may be effective if the infringement was unintentional.
If this doesn’t resolve the issue, the business litigation lawyers at Capital Partners Law can evaluate your case and advise you on your legal options. The type of recourse available depends on several factors, including the nature of the infringement.
For example, we may seek trademark enforcement in state or federal court, depending on where your business registered the mark in question. If registered in Florida, we seek enforcement in state court; if registered with the USPTO, we pursue enforcement in federal court. Even if you didn’t register your trademark, we might still be able to seek enforcement, depending on your case’s circumstances. Remedies may include a court order stopping the infringement, monetary damages, and more.
Copyright and patent infringement claims are enforced exclusively in federal court. In the trademark, copyright, and trade-secret matters we handle, the specifics of your case will determine whether we seek injunctive relief, monetary compensation, or other remedies available in certain patent cases.
Contact Experienced Intellectual Property Theft Attorneys
If your business has been or is being affected by intellectual property theft, our dedicated business litigation lawyers at Capital Partners Law may be able to help. Contact us today for a free consultation.
To learn more or speak with a knowledgeable Florida Business Attorney, contact Capital Partners Law today:
- Toll-free at (833) 7-CAPLAW
- Complete a New Client Intake Form (No obligation – an attorney will review your information and contact you to discuss your needs).
- Schedule a Free Consultation
This article is provided by Capital Partners Law for informational purposes only. It is not intended as legal advice and does not form the basis for an attorney-client relationship. If you need legal advice, please contact Capital Partners Law or another licensed attorney.
Related practice area: Trademark & Copyright Law — Capital Partners Law