The world out there is getting bigger all the time, especially with the internet and millions of users working hand in hand. While this looks like the perfect environment for ingenuity and creativity to grow and thrive, particularly when the creations are under patent protection, there is a darker side that has to be tackled by intellectual and trademark attorneys to keep IP works for commerce safe.
Infringement – A Very Real Threat
First of all, we must realize that infringement of IP is happening every day because the cost of loading information online is extremely cheap, and in some cases, cost nothing at all. Infringement has, thus, grown to gigantic proportions as there is no sure-fire way to keep a creation with copyrightright safe from other users. Many brand names have become generic household names chiefly because of infringement and consequently, have become unenforceable as a property that could be patent protected.
Enforcement of IP Rights
Infringements may go on in a subtle and almost legal way as it is very inexpensive for people to buy keywords or adwords that are in effect, registered trademark words or catch phrases of other companies. However, it is the enforcement of infringement law that is expensive as trademark attorneys have to confront the entire virtual world, which by the way, is constantly changing every second, thanks to the millions of users who are uploading information 24/7.
Strategies for Attorneys to Protect Against Infringement
That does not mean that we are fighting a losing battle and that nothing can be done about it. It simply means that we have to change tactics and handle IP rights and copyrightright protected properties in a different way.
Strategy 1 – Become systematic and unswerving in your approach so that the defense that you put up for your copyright right property becomes an impenetrable fortress.
Strategy 2 – Identify the relative value of the patent protected trademark so that the most appropriate method can be used. For instance, it is foolhardy to adopt a method that will prove to be too expensive when the trademark is not drawing in huge profits for the company. On the other hand, when a catchy trademark of a large business is being used by smaller companies, then a more aggressive approach can be adopted.
Strategy 3 – There must be periodical monitoring done using tools, like Google alerts, which will provide valuable information for trademark attorneys as well as for the companies themselves. The employees of the companies also must know how to monitor and should be abreast with patent laws.
Successful Enforcement of the Law
The strategies are only a starting point for trademark attorneys and there is still a long way to go. However, when they are followed properly, protection of copyrightright can be done successfully.
, Widerman & Malek are intellectual property attorneys with offices in Virginia, Florida & Indiana. They serve local and nation clients alike. Call now if you are interested in working with professional intellectual property attorneys. 877-868-7239
