California Intellectual Property Law
Defend Your Assets with a Los Angeles Litigation Attorney
Criminal theft is usually easy to identify – someone either took something from you or they did not. The punishments are reflective of the dollar value of the item taken. Intellectual property infringement, on the other hand, deals with a much more complicated and vague form of intrusion into your or your businesses' rights, as intellectual property concerns rights and ownership in a property that does not necessarily tangibly exist and might not have a set material price.
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UNDERSTANDING THE DETAILS TO BUILD YOUR CASE
Products that you devise with your own intelligence and creativity yet do not physically create fall under the umbrella category of intellectual property. If someone sells, distributes, or recreates your ideas without your permission, you might have grounds to sue them for financial restitution. Although the concept is generally associated with artists and the entertainment industry, regular businesses both large and small actually come across intellectual property suits more often.
What is the Statute of Limitations on Intellectual Property in California?
The statute of limitations for civil intellectual property actions in California is three years. The statute of limitations for criminal intellectual property actions is five years.
Forms of intellectual property that you may have to contest in a court of law include:
- Art: Music, novels, paintings, and the like are all considered an intellectual property that may not be sold, distributed, or re-created without the original artist’s express consent.
- Trademarks: Phrases coined by particular businesses – such as a slogan for a soft drink company – cannot be reused by competitors or third parties for profit.
- Patents: Specific pieces of equipment or designs may be protected from replication by patent laws, even if they are never manufactured or processed.
- Trade secrets: Information or strategies that your business uses to increase profits or productivity may be strictly protected by intellectual property laws.
It is important to note that most forms of intellectual property are only protected for a set amount of time. Many pieces are only viable for several years after their original creator passes away. Additionally, some of your ideas can be immediately replicated as long as no one directly profits from the distribution.
GET THE RECOGNITION YOU DESERVE WITH DORROS LAW
Needless to say, the complications and specifics surrounding intellectual property laws are staggering to those unfamiliar with them. Before you try to navigate the complex litigation yourself and risk making a critical mistake, speak with our helpful and knowledgeable team at Dorros Law. For more than two decades, our Los Angeles commercial litigation lawyers have represented business clients of all sizes, from small organizations to multibillion-dollar corporations. Our dedication to your experience and unwavering focus on our mission has earned us an Excellent Avvo Rating and an AV® Rating by Martindale-Hubbell®.
If you need help defending your intellectual property from illegitimate competitors, contact our Los Angeles attorneys today.
Note: Information on this website is solely purposed for attorney marketing information, and does not create, establish, or represent an attorney-client relationship, nor should it be taken as legal advice or counsel.