If a person owns a copyright or trademark, other individuals, unfortunately, may use the copyright or trademark without permission. In some cases, they might use a similar mark. In this situation, an attorney who specializes in intellectual property rights can guide him or her on how to protect his or her trademark or copyright in California.
After a person finds out that his or her trademark or copyright has been used illegally, the individual can send out a cease and desist letter to the party committing the wrongdoing. In some cases, the person who has illegally used a trademark or copyright acknowledges this and agrees to quit doing it in the future. However, this is not enough in other cases, which means the intervention of a lawyer is necessary.
A case involving copyright or trademark infringement can be fought in a federal court. The person with the registered copyright or trademark can get an injunction and collect any attorney fees that have been paid as damages. Other remedies are also available.
In some intellectual property litigation scenarios in the state of California, the person whose trademark or copyright has been used illegally can have the other party’s mark canceled through the U.S. Patent and Trademark Appeals Board. No matter which route the plaintiff decides to take, it is necessary for his or her legal representation to be aggressive and persistent. An attorney who is experienced and puts the needs and interests of the plaintiff first may help the person to obtain his or her desired outcome.
About the Author By focusing solely on legal issues affecting businesses, with an accounting
degree with his JD, lawyer Peter Bronstein is able to offer informed
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