Because intellectual property is an important component of an individual’s current and future success, it must be correctly and competently protected from others’ attempts to infringe upon it. Intellectual property lawsuits arise when other people knowingly or unknowingly attempt to use someone else’s intellectual property in a way that diminishes or damages the property’s value.

Competing businesses or individuals may attempt to use the positive influence of a piece of intellectual property for their own profit. For example, a jewelry store may decide to use Tiffany blue boxes for their products, which would infringe upon the trademark Tiffany holds for that specific shade of blue in the context of jewelry sales. Depending on which area of intellectual property law is violated, intellectual property infringement may look different. Here are some examples of types of intellectual property infringement Gillespie, Shields & Taylor can handle.

Trademark Infringement

Because these slogans, logos, or other types of identifiers are what create brand recognition, infringement cases often arise when another entity attempts to create a brand identifier that is too similar to an existing one and causes confusion for what the court considers a “reasonable consumer.” For example, if Nike uses the swoosh logo on its shoes to identify its brand, but another shoe company uses a similarly-shaped check mark on the side of its shoes, it could be considered infringement. In this case, the seemingly similar design pattern could cause a reasonable consumer to be confused about whether those particular shoes were in fact made by Nike. The skilled intellectual property attorneys at Gillespie, Shields & Taylor can help you pursue recourse if someone infringes upon your trademark rights.

Patent Infringement

If you hold a patent for a design or a process, you have the right to authorize it for use by others or retain all patented activities for your own benefit. However, this protection lasts only for a limited time and requires the patent holder to keep up with appropriate application and maintenance fees. Patent infringement lawsuits are among the most difficult types of litigation, but an experienced attorney can help you determine whether infringement has taken place and protect your patent rights in court.

Copyright Infringement

When an original work is reproduced without the permission of the creator, whether they are a songwriter, author, painter, photographer or other creative artist, it is considered a copyright infringement. However, some conduct that would otherwise be infringement is allowed, such as fair use or in cases of a parody. A knowledgeable intellectual property attorney can help you determine whether you need to register your work with the United States Copyright Office, whether a later work infringes upon a prior work, and whether to file an infringement action in District Court.

Trade Secret Misappropriation

Some information is commercially useful only so long as it remains confidential, prompting the owner to protect that information as a trade secret. Trade secrets are protected by tools such as limiting access to the information and binding anyone who learns the secret to confidentiality through the use of a non-disclosure agreement. Trade secret misappropriation occurs when a trade secret is disclosed wrongfully or without the owner’s consent. If you have experienced a loss due to trade secret misappropriation, contact an intellectual property attorney in Phoenix to learn your next steps.

Cyber Privacy Violations

Sometimes a person’s privacy is violated through electronic means, such as when a company uses your personal information for an unauthorized purpose, or when your personal data is stolen because a company used insufficient safeguards to protect it. This could take the form of trade secret theft, misappropriation of customer information, and more. It is critical to know what the law requires, how to comply with those requirements, and what to do in the event of a data breach.

Cyber-Stalking, Harassment, and Revenge Pornography Violations

Gillespie, Shields & Taylor can also help people with cyber-stalking, harassment, and revenge porn cases. Cyber-stalking laws may apply in many situations, including if your home wifi was hacked, if you’ve received strange direct messages, emails, texts, or phone calls, or if you think somebody is otherwise following your online activity. Depending on the nature of the contact, anti-harassment laws can protect both adults and students – especially when it comes to peer or school bullying.

We can also help you seek justice for revealing photographs or videos shared without your permission, known as revenge porn. A skilled intellectual property attorney can help you use copyright law to secure legal rights to the photos/videos, then submit copyright infringement notices to the people or websites in question to force their removal. Arizona’s revenge porn statute can provide further legal basis to support the removal of unauthorized content.

Cyber Squatting

Cyber-squatting is a specific type of trademark infringement. It occurs when a person registers a website with an address confusingly similar to that of a well-known brand. For example, if the owner of a used car lot purchased the internet domain www.ford.net, and then attempted to pass that business off as the well-known Ford Motor Co., that would be cyber-squatting. The law provides strong safeguards and it is important to know them so that you can select domain names that will not violate the rights of others. It is also critical to know that you can take legal action when others register internet domains that appear likely to siphon off your customers.

If you feel your intellectual property rights have been violated, or if you are accused of intellectual property infringement, it is important to secure the services of an intellectual property attorney. At Gillespie, Shields & Taylor our skilled intellectual property attorneys can help you take the necessary steps to secure your intellectual property and prevent others from eroding its value. Typically, these steps occur as a part of the intellectual property litigation process.

Each intellectual property infringement circumstance is unique and requires a careful and thorough review of the evidence and details involved. Our attorneys will review your case to inform you of the next steps necessary to obtain a positive resolution.

When it comes to protecting your intellectual property, our team maintains a strict focus on helping you through every stage of your case. From pre-launch planning to integrating your property into your brand to legal actions that protect your rights, we can help you ensure your property retains its value. Outside of intellectual property litigation, our services include:

Trademark Registration

When you select a trademark, it is your responsibility to ensure that your chosen mark does not violate anyone else’s pre-existing rights. Your brand name, logo, and catchphrase are crucial ways to build brand recognition and loyalty. We can help you work with the United States Patent and Trademark Office to ensure your trademarks are registered and protected.

We can register trademarks with U.S. Customs and Border Protection to have imports of counterfeit products seized and destroyed at ports of entry.

Copyright Registration

If you create an original work of authorship, such as music, literature, photography, or other such creations, we can help you register your work with the United States Copyright Office. Registering the copyright is an important prerequisite to licensing or selling the work and is required before you may maintain a copyright infringement lawsuit.

Licensing Agreements

Oftentimes, the purpose of creating and registering intellectual property is so that it can be licensed or sold to others. We can prepare and negotiate licensing contracts and assignment of rights agreements such as those commonly used in book publications, employment contracts, performing artists, or movie rights.

Non-Solicitation Agreements, Non-Disclosure Agreements, Non-Compete Contracts, and Trade Secret Protection

If you operate a business, it is crucial to protect the unique people, proprietary information, and processes that make you successful. However, everyone who interacts with your organization is a potential threat to the customers, employees, data, and trade secrets you hold dear. We can help you create the necessary legal avenues to protect your business through the use of trade secret protections, non-disclosure agreements, non-compete contracts, and non-solicitation agreements.

Technology Contracts and Agreements

If your intellectual property incorporates technology, such as Software-as-a-Service (SaaS), or collects user data, such as health and fitness apps, you will need a variety of terms and conditions, privacy policies, disclaimers, purchase agreements, and licensing agreements to get the service to function correctly. Our intellectual property attorneys can help explain what you need, guide you through the process, and set up your product or service for success.

Our attorneys are well-qualified to represent you in any of these areas, as well as many others. From contract negotiations, to issuing and responding to copyright violation notices, to defending you against infringement, Gillespie, Shields & Taylor has the intellectual property services you need to succeed.

 We can help clients comply with the European Union’s General Data Protection Regulation (GDPR).