What is Intellectual Property?
Intellectual property (IP) is the creative expression of ideas to which one has rights. Artistic works, literary pieces, software code, logos, slogans, designs, and inventions are examples.
As an inventor, creator, or entrepreneur, ensuring that you maintain ownership and rights to your intellectual property is crucial in today’s high-tech world. Whether it is protection of trademarks or copyrights, trade secrets, information technology, or other creative and unique work, our team at Oppenheim Law is here to advise you in protecting your rights as an author, inventor, and/or owner of those creations.
We have worked with clients in diverse markets, from artists and filmmakers who have had films at Tribecca, Sundance, and Rotterdam to developers of life-changing inventions and devices. From the very start, we will identify your IP rights, obtaining your copyright or trademark registrations, and protect you from third parties who may attempt to use your IP.
Owners of IP rights may commercialize their IP rights to cooperate with other IP owners or to create revenue. We facilitate cooperation for the advancement of technology and sharing of information while keeping all parties’ rights safe by developing non-disclosure, licensing, and distribution agreements. Similarly, we help in the negotiation and transaction of IP rights including those related to domain names and social media assets.
Some of the services we provide in the area of Intellectual Property include:
What Is a Trademark?
Trademarks are symbols or words that uniquely identify you, your business, your products, or services. It is your brand. It is your mark of your trade. It identified you and your company as the source of the service or good you are providing. There are many ways that you may define your brand. You may, for instance, use a name or a smell, shape, or an image as your Trademark. Whatever your brand or mark is, you will have a unique identity. It is important to protect this identity.
The identity of a trademark is important because trademarks gain reputations as people identify your mark. Marks create expectations in terms of quality, which in turn, lead to purchasing decisions. Whether you have a Trademark, you may have experienced one of the following scenarios:
- A third party using a similar name, slogan, or logo as their Trademark.
- A competitor is using a surprisingly similar work as yours; or,
- Others may try to use your very trademark.
Or, you may have an idea for a new tradename, or you need to file a Trademark Application and do not know how. We can assist you with each of these scenarios, providing you with the guidance and advice to protect your business.
Trade Secrets Protection
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others. For example, customer lists; marketing data; secret formulas; ingredients for a food or beverage.
We assist clients in maintaining their rights on trade secret and safely managing them by negotiating, drafting enforceable non-disclosure; non-circumvention and non-compete agreements. Additionally, we assist them on creating protocols and operating procedures and strengthen the value of those secrets.
What is a Copyright?
Copyright is a form of protection grounded in the U.S. Constitution. A copyright is a form of intellectual property that protects authors of original works, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. It prevents others from reproducing, preparing derivative works, distributing copies, and/or performing or displaying works without the author’s permission. Copyrights attach as soon as the work is created.
How is a Copyright different from a Trademark?
Copyright protects original works of authorship while a trademark protects the words, symbols, phrases, or designs identifying the source of the goods or services of one party as distinguished from another.
We assist our clients in registering for copyright protection as well with negotiating with copyrights, including licensing or selling copyrights. Additionally, we assist our clients navigating copyrights issues with their employees, contractors, or business partners to avoid or resolve disputes with copyrights.
Other areas and services in IP Law:
We have worked with clients from the ground up in all areas of intellectual property:
- Trade dress and trade secrets
- Brand Management and enforcement
- Trademark Clearance Searches
- Trademark Application Preparation
- Office Action Responses
- Trademark Monitoring
- Trademark Change of Ownership
- Trademark Portfolio Management
- Trademark Renewal Filings
- Trademark Opposition and Cancellation Proceedings
- Domain Name Selection and Clearance
- Domain Name Disputes
Should you be involved in a dispute over your intellectual property, please feel free to contact us online or give us a call at 954-384-6114 and we will be glad to respond to your inquiry.
Oppenheim Law | Florida Intellectual Property Attorneys
2500 Weston Rd #209
Fort Lauderdale, FL 33331