National Intellectual Property And Trade Secret Attorneys
At Cox Padmore Skolnik & Shakarchy LLP, our intellectual property attorneys represent IP owners and defendants facing claims involving IP, trade secrets and related restrictive agreements. State and federal laws offer several ways to protect IP, and we can help you determine the best approach. We help clients protect the value of their IP. A company’s name and goodwill can be among its most valuable assets, and both may need protection.
Do not wait to protect your valuable assets. Taking action now can help protect your business and its future. We serve clients from multiple locations: New York City, Denver, Great Neck and Hackensack. Contact us online to schedule a consultation or call us toll-free at 800-209-7206 to discuss your needs.
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Choose Experienced IP Lawyers
It is important to protect your creative works. We represent individual and business IP creators and developers in the following areas:
- Copyrights: We help clients secure and defend rights to creative works, such as software code, designs and written content. Through copyright litigation, we can help clients retain control over how others copy and use their work.
- Trademarks: We help protect brand identity by registering and defending trademarks, including logos and taglines. This can help maintain the distinctiveness of a client’s goods or services.
- Trade dress: We help clients protect the unique look of their products or packaging and preserve an important part of their brand.
- Trade secrets: We advise clients on keeping private information, such as processes or formulas, confidential to protect their business value.
- Branding: We work with clients to develop and protect a strong brand that can build recognition and value.
- Royalties: We help with royalty agreements and other arrangements involving payment for the use of IP, including technology and creative works.
At CPS&S, we understand that your creative works are not just projects – they are valuable assets that deserve protection. In today’s competitive market, artists, designers and business owners may need to protect their IP rights.
Legally Protecting Your Creative Works
At CPS&S, we understand that your creative works can be vital to your identity and livelihood. Our intellectual property lawyers work to protect your creations. We represent a range of clients, including:
- Developers: Whether you are coding software or developing apps, we work to help ensure your innovations remain yours.
- Inventors: If you invented a unique product, we can help protect your rights.
- Business owners: From trademarking your brand to protecting business ideas, we can help protect valuable assets.
- Designers: Your designs are your signature. We help protect them in fashion, graphics and other fields.
- Artists: From paintings to sculptures, we help safeguard artistic work.
- Authors and playwrights: If you have written a book or screenplay, we can help you secure the needed copyrights.
- Licensees: If you want to license your work, we can help protect your interests through clear agreements.
No matter what you create or the medium you use, we can work with you to protect your creative content. Our goal is to give you peace of mind so that you can focus on what you do best – creating. We can identify your needs and develop a strategy to protect your IP rights.
Comprehensive IP Protection
Our legal team assists clients across a range of industries. We work to protect creative works and other valuable assets so you can focus on your business. We help clients in the following fields:
- Software: We help protect algorithms, applications and other software assets.
- Clothing: We can advise you on ways to protect designs and fashion concepts.
- Jewelry: We assist with protecting unique creations and artistic work.
- Manufacturing: We can help protect private processes and inventions.
- Sales: We can defend trademarks and brand identity.
- Music: We help protect compositions and performances.
- Art: We can guard artistic works against unauthorized use.
- Transactional work: We can help protect business agreements and related IP.
No matter your field, we can help protect your IP rights. Our approach is based on your needs and the assets you want to protect.
Compensation For IP Violations
When IP violations occur, owners can suffer financial loss and harm to their reputation. The law may allow several forms of compensation when someone infringes on your IP.
- Actual damages: This may include financial losses caused by infringement, such as lost sales, lost profits and harm to a brand or business. Sales records and market value may help show the loss.
- Statutory damages: In some cases, the law allows damages set by statute when actual losses are hard to prove.
- Loss of profits: If infringement causes a loss in business income, the owner may seek to recover those lost profits.
- Punitive damages: In some cases, a court may award additional damages to punish the infringing party.
- Attorney and court fees: A business or creator may recover some of the legal fees and court costs involved in an infringement case.
Understanding the types of compensation that may be available can help businesses and creators assess their options. Our attorneys at Cox Padmore Skolnik & Shakarchy LLP can help clients pursue claims involving IP infringement and seek to hold the proper parties accountable.
Steps To Take To Resolve IP Violations
Quick action can help limit the harm caused by IP infringement. If you become aware of a possible issue, you may want to:
- Document everything: Collect evidence of the infringement, such as photos, ads, sales listings, website URLs and product packaging. Keep any other records that may help support your claim.
- Verify your IP rights: Review your IP registration and gather records that show ownership. You should also preserve licensing agreements, records of independent creation and other documents related to the IP.
- Send a cease-and-desist letter: An attorney can send a letter that explains the claimed violation and demands that the other party stop.
A letter from an attorney may be enough to resolve the issue. If the problem continues, our attorneys at Cox Padmore Skolnik & Shakarchy LLP can discuss other options, including seeking an injunction or filing a lawsuit to recover losses.
Common Defenses In IP Disputes
A business can face claims over IP, trade secrets or contracts that limit how it can use certain information. The right defense depends on the type of claim, the issues involved and any agreement between the parties.
- Copyright: Key issues may include who owns the work, whether the use was allowed, whether the work was created on its own and how much of it was copied.
- Trademarks and trade dress: The case may depend on who used the mark first, whether the mark is valid and whether customers could confuse the two brands.
- Patents: A review may focus on what the patent covers and whether the product or process at issue falls within those rights.
- Trade secrets: Key questions may include whether the information was truly secret, whether the owner took steps to protect it and how the other party obtained it.
- IP contracts: Licenses, confidentiality and other agreements may affect who owns the IP and who has the right to use it.
CPS&S, represents clients on both sides of IP disputes. Our attorneys can review the claim, relevant agreements and records related to the IP at issue, then assess the legal and business concerns involved. This approach allows us to develop a strategy that takes into account both the dispute and its potential effect on the client’s business, assets and ongoing operations.
Creative And IP Considerations
If you are a creator, developer, licensor, licensee or owner of valuable IP, consider these questions:
- Do you know your rights to that property?
Do you know who owns the work you create?
Do you know when it makes sense to license your work instead of selling it?
At CPS&S, we can help you address these and other IP questions. We work with clients to protect creative works and other valuable assets in the marketplace.
New York Trademark Attorneys Serving Clients Nationwide
If you are the author or creator of IP, we can:
- Help you understand the steps needed to protect your creative works
File needed paperwork with state agencies or the U.S. Patent and Trademark Office
If you are negotiating the sale or distribution of a product or service, we can help you understand how the terms of a proposed contract may affect you and your business. We can also help draft and negotiate:
- Distribution rights
- Licensing contracts
- Consulting agreements and work-for-hire, including nondisclosure agreements
- Licensing of inventions
- Author’s agreements
If you believe someone is infringing on your IP rights, or if you face claims that you infringed on someone else’s rights, we can help you review your options and provide representation in litigation.
Patent Protection For Inventors And Businesses
A patent gives an inventor the right to stop others from making, using or selling an invention without permission. CPS&S helps clients protect and enforce those rights. Our patent services include:
- Utility patents: Protection for new and useful processes, machines, products or compositions
- Design patents: Protection for the unique ornamental design of a manufactured product
- Provisional patent applications: A first filing that can establish an early filing date while you continue to develop your invention
- Patent prosecution: Representation before the United States Patent and Trademark Office (USPTO) during the patent application process
- Patent searches: A review of existing patents to assess the strength of a potential claim
- Patent licensing: Agreements that allow others to use a patent while the owner keeps ownership and earns royalties
- Patent litigation: Representation in federal court when someone allegedly infringes on patent rights or disputes ownership
CPS&S works to connect patent strategy with your business goals and the value of your invention.
AI And IP Law: What You Need To Know
Artificial intelligence (AI) is changing how IP law applies to creative work, inventions and private technology. Businesses and creators that use AI may face several legal questions:
- Ownership of AI-generated content: U.S. copyright law requires human authorship. Work created by AI without enough human creative input may not qualify for copyright protection under current Copyright Office guidance.
- AI training data and copyright infringement: Companies that train AI models on copyrighted content without permission may face infringement claims from the original rights holders.
- AI and patents: Inventors can use AI as part of the development process and still seek patent protection. U.S. patent law, however, requires a human inventor on the application.
- Protecting AI as a trade secret: Businesses may protect AI systems by limiting access and using confidentiality agreements with employees and business partners. This may provide an option when patent protection is not available or does not fit the business.
CPS&S helps clients address IP issues tied to AI before they lead to costly disputes. Our attorneys can review ownership issues, possible infringement risks and ways to protect AI systems and related assets.
Frequently Asked Questions About Intellectual Property
Below, we’ve answered some of the most common IP questions asked by prospective clients like you.
What is intellectual property?
Intellectual property (IP) refers to unique creations of the mind, such as artistic works, inventions, designs, logos and brand names used in business. This area of law utilizes various legal protections designed to recognize and reward creators by safeguarding their innovations.
What are the main types of intellectual property law?
Although this is a wide-ranging legal topic, some of the primary categories of intellectual property law include:
- Patents: These protect new inventions and processes, giving inventors exclusive rights to their creations.
- Trademarks: These safeguard brand identifiers like logos, names and slogans used to distinguish goods or services.
- Copyrights: These protect the expression of ideas, including literary works, music and art.
- Trade secrets: These cover confidential business information that provides a competitive advantage.
We detail our firm’s services in each of these areas near the top of this page.
What are the benefits of protecting intellectual property?
You took the time and effort to create valuable ideas. You should be the one to profit from that investment. By securing your intellectual property, you gain exclusivity, or the sole rights to use, produce and sell your creations. Protecting your IP with legal safeguards helps prevent unauthorized use or infringement by others.
IP protection also gives you a competitive edge in business by enhancing your brand and market position. Licensing your IP allows you to share your creations in a way that generates income.
How do I protect my intellectual property?
To safeguard your intellectual property, it is best to work with an attorney experienced in this area of law. They can help you:
- Identify your IP assets and determine which of your creations are eligible for protection.
- Submit applications for patents, trademarks or copyrights as needed.
- Monitor and enforce your rights by regularly checking for potential infringements and taking legal action if necessary.
With things like trade secrets, a lawyer can also advise you on the best ways to keep information secure.
Why do I need an intellectual property attorney?
Intellectual property is far easier to steal than physical property, and proving theft can be more difficult. It takes considerable time and effort to apply for legal protections, remain vigilant for infringement and respond decisively.
With many types of IP, enforcement cannot be selective, or you risk losing the protection. That means you must constantly be on the lookout for infringement online, in the media or in other areas. This is far too complex and involved for many individuals to handle on their own, but firms like ours are well-equipped to handle these matters on your behalf.
How much does it cost to claim intellectual property?
The cost to claim intellectual property depends on several factors, starting with whether you are filing for a trademark, patent or copyright. It is important to realize that the filing fees are only part of the associated costs. You also have legal fees and, in some cases, ongoing maintenance fees.
Copyrights are created automatically once a creation is made; however, a registration can typically be filed with a standard fee of $65. Additional fees may apply depending on whether an application is made online or by paper and the specifics of the copyright.
Basic filing fees at the USPTO can range from $75 to $300, but a patent search can cost an additional $1,000 – $2,000. Attorney fees for preparing the patent application properly can easily cost $5,000 or more, depending upon the complexity of the patent. Plus, the need for ongoing maintenance to maintain the patent’s validity can cost several hundred to several thousand dollars per year.
Trademark applications are $350, but attorney fees related to the application typically range between $500 and $2,000 (or more), and renewal fees are required every 10 years.
How do you sue for intellectual property violations?
The first step to take legal action for intellectual property infringement typically begins with a cease and desist letter sent to the infringing party. If the infringing party does not respond to the cease and desist letter, then the owner can file a case to hold the infringing party responsible for damages.
What qualifies as a trade secret?
A trade secret is information that is not readily accessible to others and provides some kind of economic value for its secrecy. Some common types of trade secrets include formulas, programs, algorithms and techniques.
How long does a patent last?
Patents can last for 15 to 20 years depending on the type of intellectual property protection. A patent’s protection can be extended until it enters the public domain.
How long does a trademark last?
A trademark lasts for 10 years from the date of the filing. A trademark can be renewed every 10 years and continue to be used by the owner.
When To Call An IP Attorney
You may want to speak with an IP attorney if you:
- Get a cease-and-desist letter or other claim
- Face a claim involving a copyright, trademark, patent or trade secret
- Find that someone is using your IP or private business information without permission
- Disagree over who owns or can use valuable IP
- Are working out a license, royalty, sales or confidentiality agreement
- Are involved in a major deal that includes valuable IP
- Want to review IP risks before a dispute gets worse
IP issues can affect valuable business assets, important commercial relationships and major transactions. CPS&S works with businesses and individuals to address these concerns, whether they involve protecting IP, responding to a claim or resolving a dispute over its ownership or use.
Consult A New York Intellectual Property Lawyer
Our New York intellectual property attorneys serve clients nationwide and are available for initial consultation appointments. Send us a message online to schedule a consultation or call us toll-free at 800-209-7206 to find out more about our legal services.