Are you looking for an intellectual property lawyer in Virginia? The attorneys at Cook Craig, and Francuzenko are ready to help you! If you believe that your intellectual property rights have been infringed upon, we encourage you to seek legal counsel and discuss your options.
What is Intellectual Property Infringement?
Federal and state laws offer protections such as trademarks, copyrights, patents and trade secrets to encourage people to come up with innovative, powerful ideas. These laws protect businesses and prevent competitors from improperly infringing on intellectual property.
Intellectual property infringement is generally the unapproved use, duplication, or distribution of assets that the owner regards as intellectual property. Infringement can take on many forms, such as duplicating, displaying, distributing or selling legally protected intellectual property.
Infringement vs Breach of Contract
IP licenses authorize a licensee to use to a licensor’s IP, which enables them to capitalize on and defend their intellectual property rights. When two businesses enter into an IP licensing agreement and a disagreement arises, sometimes the licensor can hold the licensee culpable.
The extent and type of violation will establish if it is an infringement or a breach of contract, or both. The difference matters because it dictates the damages you can recover from a suit.
[Related: Filing Trademark Registration]
Penalties for Infringement
The IP owner may be entitled to actual and statutory damages, depending on whether the violation is an infringement or breach of contract.
Do I Need an Intellectual Property Attorney?
If you believe that your intellectual property has been used without your approval, you need to speak to an attorney as soon as possible. Take prompt action and hold the responsible party liable for their actions. We can assist you in evaluating trademark, copyrights, and trade secret claims, sending an effective cease and desist letter, assessing losses, drafting contracts, and much more.
If you are in need of an attorney’s advice, please contact Cook, Craig, and Francuzenko today. Our firm has attorneys who specialize in a variety of practice areas. With over 100 years of combined experience, we are seasoned professionals ready to help you.