What is Intellectual Property Law?

Intellectual Property, commonly referred to as “IP,” refers to a body of law that offers authors, inventors, individuals and companies the rights to use certain types of intangible property they have created and to exclude others from use of that same property. There are four major types of IP, each having different rights and requirements for protection of those rights: copyrights, trademarks, trade secrets, and patents.

A copyright is a set of rights afforded to an author of an original work, fixed in a tangible form, such as books and magazines, computer software, audiovisual works, and visual art. While copyright registration is not required, registration is a prerequisite for instituting an infringement action against a third party infringer. Copyright protection generally lasts throughout the lifetime of the author plus an additional 70 years, offering, among other things, protection against unauthorized use, display, and reproduction of the work by other parties without the author’s permission.

A trademark is any word, name, symbol, or other designation that is used to identify the source of a party’s goods or services. A trademark owner may protect its mark against infringement or dilution by another party’s confusingly similar mark. In the United States, federal trademark protection is available as long as the mark is used in interstate commerce. Registration is not a prerequisite for instituting an infringement action in the United States against a third party; any trademark that is used in commerce may be protected under common law. However, registration provides the owner with additional benefits above and beyond those afforded to owners of common law trademarks. Trademarks can be registered with the various states, the federal government, and the governments of most countries.

In its simplest form, a trade secret is any type of information that gives a business a competitive advantage by virtue of the information being kept secret. Trade secrets may include information such as manufacturing methods and processes, formulas, marketing data, and other proprietary data. Unlike other IP, such as copyrights and patents, a trade secret is not an exclusive right to use the information. Indeed, another party may independently develop the same information while the first party is able to indefinitely protect its trade secrets. Generally, trade secrets are maintained through the use of confidentiality agreements and other security measures. Unlike the other forms of IP, trade secrets are generally not protected under federal law, but rather state law.

A patent is a right granted to an inventor who invents or significantly improves any new and useful process, machine, article of manufacture, or composition of matter. A patent owner has the exclusive right to use the patent, and the owner also has the right to prevent others from making, using, selling, or offering to sell its invention. Patent protection is generally available for 20 years from the time of filing an application with the U.S. Patent and Trademark Office.

Practice Area Descriptions

Advertising, Marketing, and Promotions Law
N&M attorneys provide assistance to clients with legal issues relating to contests, promotions, marketing agreements, commercial transactions, advertising review, and claim substantiation. The firm has a wealth of experience litigating advertising disputes in federal court and before the National Advertising Division of the Council of Better Business Bureaus.

Copyright Law
N&M attorneys counsel clients on a variety of copyright issues, including the selection, protection and licensing of copyrights, as well as resolution of conflicts involving copyrights and litigation before the federal courts.

Information Technology Law
N&M attorneys provide counseling and negotiation expertise to their clients for transactions in a broad range of technology sectors, including licensing of software and intellectual property, and web development.

Internet Law
N&M attorneys have extensive experience protecting and litigating against the use of domain names for cybersquatting, misappropriation, and infringement. Our attorneys have experience in federal court and administrative proceedings before the World Intellectual Property Organization and in various countries, as well as counseling clients on Internet-related matters.

Trademark and Unfair Competition Law
N&M attorneys counsel clients on a variety of trademark issues, including searching, clearance, registration, prosecution, protection, and licensing of trademarks domestically and throughout the world. Our attorneys have a wealth of experience litigating matters, including trademark and trade dress infringement, trademark dilution, and false advertising, in federal and state court and in U.S. Patent and Trademark Office proceedings.

Trade Secret Law
N&M attorneys have counseled clients regarding the protection of their valuable proprietary information and have also enforced trade secret rights for clients in litigation.