At Nardiello Law, we know you’ve worked hard to create and protect your IP, and we’ll fight for your rights if necessary. Just because you register your intellectual property, either at the state or federal level, does not make it immune from IP infringement. In this article, we’ll discuss how to protect against IP infringement and how to give notice of your intellectual property rights. When you’re ready to learn more, be sure to head over to our comprehensive guide to intellectual property law.
Protecting Against IP Infringement
What is Intellectual Property Infringement?
In the simplest terms, intellectual property infringement occurs when a person or business entity uses a person’s or company’s intellectual property without proper authorization.
How to Give Notice of Trademark Rights and Copyright Rights
For unregistered trademarks, you should always use the “TM” symbol next to the trademark whether that trademark is a logo, word, or slogan. The TM symbol puts the world on notice that you are claiming trademark rights in the trademark. If you provide a service, you should use the “SM” symbol, which signifies a service mark.
For registered trademarks, you should always use the ® symbol in the same manner as the “TM” symbol. That is, the ® should appear next to the trademark whenever the trademark appears, whether on packaging, on the product itself, on advertising of any kind, and on the Internet. It is important to use the ® symbol because your failure to do so could result in you losing your rights to recover lost profits and other remedies.
If infringement does occur, you can enforce your intellectual property rights in federal court. Before filing a lawsuit, you should consult with an intellectual property law attorney and carefully consider whether litigation is your best option. Infringement cases are expensive, and there is a risk that your intellectual property rights, once held up to the scrutiny of a judge, will be shown to be invalid or less extensive than you may have thought.
Learn More About Intellectual Property Law and Rights
Jason S. Nardiello has been a practicing Intellectual Property Lawyer for decades and is recognized across the United States and Internationally as one of the leading litigators of Intellectual Property Law. Contact Nardiello Law if you have questions about your IP Rights or believe your intellectual property rights have been infringed.