Intellectual Property Lawyer NYC
Intellectual Property (or "IP" as the cool kids say it) refers to the creations of the mind. IP is one of the most complex bodies of law out there.
Over the years, there has been an increased need for the intellectual property lawyer. While partially due to the complexity of IP and the need for an intellectual property lawyer to help decipher this complex area, the growth of communication has had an enormous effect on the exponential growth of IP's value to businesses and individuals alike. Because of the numerous considerations that need to be taken into account for businesses and individuals to exploit their IP, the need for the intellectual property attorney has thus grown. Contact us to speak to an experienced IP attorney so that we can help evaluate your intellectual property needs.
What is Intellectual Property Law
As we briefly mentioned above, intellectual property refers to the creations of the mind. These creations can be, for example, inventions, literary works, artistic works, designs, symbols, names, images, logos, and many more.
Intellectual property law serves to protect the creators of the various IP that they create, such that these creators are given a sufficient enough incentive to continue to create. While intellectual property can be confusing, seeing as it is a form of property that cannot be held or seen, it is property none the less.
Why is Intellectual Property Law Protected?
Intellectual property rights allow creators and inventors to benefit from their own work or creation. Without this ability to benefit from their work, both creators and inventors would not be compelled to innovate and contribute to society. Intellectual property law is the foundation that allows our society to innovate.
What Does the Intellectual Property Lawyer Do?
Intellectual Property Lawyers do any and everything that is connected with intellectual property law. Whether the work is registration and protection of intellectual property, defending intellectual property, or licensing the intellectual property rights, the intellectual property lawyer can do it all. At Cordero Law, we are no different.
Types of Intellectual Property We Practice
Intellectual property law can be broken down into trademarks, copyrights, trade secrets, and patents. Cordero Law's intellectual property lawyers focus in the areas of trademarks, copyrights, and trade secrets. While Cordero Law doesn't practice in the areas of patent law, if ever our clients need patent work done, we have many intellectual property attorneys that practice in that area we could refer them to.
A trademark is a distinctive identifier of certain goods or services. In simple terms, a trademark is your brand. The purpose of protecting these brands is to ensure that a system is in place to protect consumers. By having a trademark in place, the owner of the trademark has the exclusive right to either use this brand to identify goods or services they use or license out the ability for others to use the trademark. This is able to help consumers because it creates a system where the consumer is able to identify and purchase a product or service based on the characteristics and quality that the brand carries. Trademarks can be one or more combination of words, letters, and numerals. They can consist of drawings, symbols, shapes. Sometimes, a trademark can also consist of a motion, color, and various other non-visible signs such as sound, smell, or taste.
A copyright is a form of protection provided by US law to the authors of "original works of authorship." These works of authorship include literary, dramatic, musical, artistic, and many other types of intellectual works. Under the US Copyright Act, the owner of a copyright has the exclusive right to reproduce the work, prepare derivative works, distribute copies of the work, display the work publically, and perform the work publically. The copyright owner can also authorize others (by issuing a license) to use the copyrighted works with some or all of the rights the copyright owner has. If anyone violates these exclusive rights of the copyright owner, they are violating the rights provided by copyright law to the owner of the copyright.
Trade Secret Law
A trade secret can be any confidential business information that provides, the holder of such trade secret, a competitive edge. Trade secrets are protected without registration so long as the holder of the trade secrets takes appropriate sets to ensure their trade secret remains a secret. While the laws on trade secrets can vary, as a general matter, the holder of the trade secret needs to put systems in place to ensure that only certain people, necessary for the holder to gain a competitive edge, are availed to the trade secret and limited as such.
At Cordero Law, our intellectual property lawyers pride ourselves on being able to handle anything related to intellectual property law. However, we do handle many services more often than others. Therefore, here are a few services that our intellectual property attorneys handle on a more frequent basis.
Evaluation of Trademark Strengths
This can sometimes be considered an "IP Audit" due to the nature of the work. Many companies, both large and small, have no idea what intellectual property is and what they have around the company that is a form of intellectual property. During an IP Audit, we will dive into your company in an attempt to uncover all your company's unclaimed intellectual property. Why would someone do this? Because as we mentioned above, over the years, intellectual property has become more and more important to businesses. As such, knowing what type of intellectual property a business has within their organization can allow a business the ability to capitalize and monetize on the rights they didn't even know they had.
IP Strategy Consulting
While an IP Audit is beneficial to a company that is already established, a new or emerging company might not be able to benefit as much from it. This is where an IP Strategy Consulting session might be able to come in for new companies. While Cordero Law's IP lawyers can work on identifying what IP your company already has, during our strategy consulting session(s), an IP lawyer can help determine which types of intellectual property your company is likely to benefit the most from.
An essential part of an IP lawyer's work is to help companies and individuals avoid infringing on the intellectual property rights of another. Cordero Law's intellectual property attorneys can help clear potential copyrights and trademarks prior to registration and limit the potential for infringement of the copyright and trademark rights of another person or company.
Registration of Copyrights and Trademarks
Intellectual property protection starts with registration. Cordero Law's intellectual property lawyers can help to register both copyrights with the United States Copyright Office and trademarks the United States Patent and Trademark Office.
Trademark and Copyright Enforcement
Trademark and Copyright enforcement are a two-way street. Sometimes, you are on the defensive, having just received a cease and desist letter accusing you or your company of infringing the intellectual property rights of another person. Also, sometimes someone else is using your intellectual property and you want them to stop. Regardless of which end you find yourself in, the IP attorneys at Cordero Law can help.
Intellectual Property Licensing and Transfer
IP Licensing is one of the most lucrative ways to monetize the intellectual property of a company or individual. As such, having a well versed transactional intellectual property lawyer to negotiate and facilitate intellectual property licensing agreements is imperative. Additionally, while licensing your IP is a great way to monetize on your intellectual property, for some, it selling your intellectual property is a better option. Cordero Law's intellectual property attorneys will help you decide which option is the better option for you and facilitate the process.