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Intellectual Property

Intellectual property (IP) refers generically to property rights created through intellectual and/or discovery efforts of a creator that are generally protectable under patent, trademark, copyright, trade secret, trade dress, and the like. Value is generally derived through the application of the invention in commerce.

Properly identifying and fully developing the commercial value of IP assets can be a complex and challenging process. These challenges can be addressed by first obtaining broad protection of an entity’s IP rights in ways that facilitate the commercial development of those assets for maximum return. An effective strategy often includes uncovering possible market opportunities, developing the marketability of these assets, and developing methods of gaining market access.

Intellectual Property Infringement
Infringement of intellectual property occurs when another person, company, or entity invades any one of the exclusive rights of a person’s intellectual property.

Manner of infringing Intellectual Property
Utility patent: Making, using, selling, offering to sell, or importing of a patented product or process without permission.

Design patent: Construction of a design that, to the ordinary person, is substantially the same as an existing design, where the resemblance is intended to induce an individual to purchase one thing supposing it to be another.

Trademark: The unauthorized use or imitation of a mark that is the property of another in order to deceive, confuse, or mislead others.

Copyright: The unauthorized reproduction, adaptation, distribution, performance in public, or display in public of the copyrighted work of another.

An appropriate court may grant an injunction to prevent and/or stop further infringement. Items or articles, which are allegedly infringing on another’s intellectual property rights, can be impounded while the action is pending. The items in dispute may be ordered destroyed or subject to other disposition if there is an infringement.

An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages

An alleged intellectual property infringer may also be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. A prevailing party may be awarded costs and attorney’s fees from the infringer.

In the event you reasonably believe a third party has infringed your intellectual property, or if you have received a cease-and-desist letter, attorney P. Jeff Martin may be able to assist you in the initial steps for preventing and/or stopping infringement.

Contact The Law Firm of P. Jeffrey Martin, LLC in North Myrtle Beach, South Carolina to schedule a free initial consultation to discuss intellectual property infringement.

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