Misappropriation of Intellectual Property
Menlo Park Commercial Litigation Attorneys
Infringing upon the intellectual property rights of another entity is an
unlawful breach of civil law or, in some cases, criminal law. Protecting
intellectual property is of vital importance to the health and profitability
of a business. In many cases, a business’s survival depends on safeguarding
these interests, which is why it is important to consult with a Menlo
Park commercial litigation lawyer at the first sign of IP theft. We represent
cases throughout the Bay Area, and we have local offices in San Ramon
and Menlo Park.
What is Intellectual Property Law?
Intellectual property law, derived from Article I, Section 8 of the U.S.
Constitution, covers the rules for obtaining and enforcing legal rights
to designs, artistic works, and inventions. In the same way that ownership
or real estate and personal property is protected by the law, so too does
the law safeguard exclusive control over intangible assets. The purpose
of protecting intellectual property is to ensure that an individual or
business can profit from their products, services, or works without fear
that others will steal their secrets and diminish their success.
Violations of Intellectual Property Laws
The following are some examples of intellectual property violations:
Copyright Infringement: Copyrights apply to original intellectual or artistic expressions, including
music, writings, films, and architecture. It is unlawful for individuals
to distribute, reproduce, display, or make derivatives of works protected
by copyright law.
Trademark Infringement: Trademarks protect names, slogans, and symbols identifying a certain
product or service for the purpose of avoiding confusion or false advertising
about a certain brand. It is illegal to use a trademark on goods and services
that are in competition.
Patent Infringement: Patents allow inventors the exclusive right to profit from their product.
It is a crime to use, make, offer, or sell a patented invention without
the permission of the patent owner.
Misappropriation of Trade Secrets: The law prohibits the acquisition of trade secrets through deceptive
or improper means, including employee poaching, reverse engineering, violating
non-disclosure agreements, or hacking into computer systems to steal information.
If you suspect that your intellectual property rights have been violated,
you have the right to take legal action. At Flicker, Kerin, Kruger &
Bissada LLP, we proudly represent both new ventures and established companies
in Menlo Park and throughout the Bay Area.