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NYC Intellectual Property Disputes Lawyer

The right to intellectual property, abbreviated as IP, has its roots in the first article of the United States constitution. IP litigation is about disputes over creations made by the human mind. These include, but are not limited to, the following:

  • Scientific discoveries
  • Inventions
  • Art and artistic works
  • Innovative processes
  • Products

Intellectual property has both state and federal protections. This means that IP disputes can be litigated in both the federal and state court systems. There are also alternatives to litigation, including arbitration and other forums for dispute resolution. Even though IP rights are dictated by state and federal law in the United States, the global marketplace also makes them an international concern.

Specific laws have been drawn up to protect the intellectual property of people. These laws regard many legal avenues we take for granted, including trade secrets, copyrights, trademarks, and patents. The goal of the law is to allow an innovator or artist to retain ownership of their creation. That innovator receives the exclusive rights to the use of their creation, and they are the one who receives any benefits from it.

IP-related matters face litigation in a number of different forms. The first is patent litigation. Patents protect inventions, products, designs, and manufacturing processes. When patent infringement occurs, this means that an unauthorized party has used a patented invention. Since the unauthorized party did not have the legal right to the invention, the patent owner might become involved in litigation. There’s a specific type of patent dispute called a “Hatch-Waxman” litigation. In these cases, the litigation covers brand versus generic pharmaceutical products, along with infringement of the patents and processes used to make said products.

Copyright and trademark infringement are also both common. Trademarks can be any number of things, including names, colors, sounds, words, logos, or symbols. The point of a trademark is to identify a product’s source and distinguish it from other products. Copyrights, on the other hand, are used to protect authored works. These include writing, art, and music. When copyrights and trademarks are used, their holders have the exclusive right to the use of their work. If other parties use the work without authorization, litigation might occur.

Trade secrets refer to secret information that companies use for a competitive advantage. If a person misappropriates a company’s trade secrets, often by taking them without authority or disclosing them without permission, it’s common for litigation to result.

Another type of dispute that can occur is a licensing dispute. Licensing disputes might go hand-in-hand with any one of these legal protections. When a licensing agreement is entered, an IP rights owner sells the authorization to use their rights to another entity. Generally, the entity receives the authorization to use the rights in exchange for royalty payments or a one-time fee. If either of the involved parties fails to abide by the contract terms, breach of contract litigation might be started.

There are other types of IP litigation in addition to these common scenarios. One type is called trademark dilution, while another type of dispute regards pirated goods. Sometimes, disputes arise over domain names and company names. Unfair competition disputes can also be a type of IP dispute, depending on the nature of the competition and business. Even foreign and domestic customs seizures might be subject to IP litigation, depending on the circumstances.

If you or your company is involved in an intellectual property dispute, you should get in contact with an experienced attorney as soon as possible. Make sure you find an attorney who has previously engaged in successful intellectual property litigation. In many cases, your attorney will be able to come to an agreement with the other party or parties in negotiations. This solution is ideal because it keeps the case from dragging on, and it prevents you from needing to pay the expenses of a trial.

The protection of your intellectual property is important. Having your property stolen is a violation of your rights as both a United States resident and a creator. You have the rights to your innovations, and you should be able to reap any benefits from them without other people stealing your profits. Even in cases where your innovations aren’t pulling in monetary gain, you still have the right to dictate how and when they’re used.

This type of dispute, regarding the ways in which intellectual property is used, is common across all fields. Some creators will release their work to the public in the hopes that other people will improve upon it. This is especially common in the medical and digital industries. But even when a creator authorizes public use of their innovation, they still retain the right to deny authorizations. For example, a creator might say that their work can be used by the public for free, but it cannot be used for another party to generate a profit. If an unauthorized party then began selling the innovation or process for money, the creator would have grounds for litigation.

In today’s digital world, it seems easier than ever to steal the intellectual property of other people. Art and writing theft abounds on the internet. But you shouldn’t be afraid to share your innovations with the world for fear of your rights being violated. Get in contact with an intellectual property dispute lawyer to ensure that your intellectual property is used the way you want it to be.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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