Ideas Behind Trademark and Copyright Law
Producing creative concepts takes time, dedication, and commitment. Once you come up with the idea that works for you, it would be demoralizing to find someone using the concept and passing it off as their own. Although there are ways in which people can request to use your idea, some do not bother. Their assumption that it is fine to use trademarked or copyrighted concepts for business or ideas in the entertainment industry is what we refer to as infringement.
We understand that these moments can be daunting. That is why we offer the best Copyright Infringement Miami to help you cruise through these situations smoothly.
You might feel stuck once you find out that there is an infringement on your copyright or trademark. However, there is a need for you to react quickly and in order to rectify the issue. The correct approach in such a predicament will make a significant difference in the outcome.
Defining Our Duties
You need to consult a Trademark Attorney Miami to help you figure out several things. Our obligation towards our clients include:
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Assisting you to choose the best remedy for your situation.
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Help you to understand what is required in the litigation process.
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We work hand in hand with other relevant parties to determine whether more people are using your trademarked products and concepts.
Workable Remedies for Your Copyright and Trademark Infringement
A timely filing of a copyright and trademark infringement suit will save you a lot of money and hassle. When you come to us, we listen to even the smallest details, analyzing every aspect as we try to come up with the best solution for you. There are three possible remedies we can achieve. These are:
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Monetary Relief
Considering that the concept you trademarked was meant to give you money, the infringer will be required to compensate you. This can be for the damages you have incurred due to their actions and the lost profits.
In Miami, if the copyright and trademark infringement was willful, they will be charged a percentage more than an accidental infringer. You also get the profits in the accounts of their business. Any amount that was earned from your work is reversed back to you.
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Equitable Relief
After filing the infringement petition, the courts are obliged to send out a preliminary injunction which dictates that the infringer should not do anything that might affect the case. However, this order is sent out if you either bring evidence that informs the probability of winning the case or if you present proof that the absence of the injunction will lead to further damages.
There could also be the issuance of permanent injunctions that that direct the infringer to stop producing and selling copyrighted and trademarked items or recreating and adapting concepts.
- Seizures, Costs, and Attorney Fees
All the products that have been manufactured by the infringer and their records of sales are seized. The cost incurred in the proceeding is reclaimed. While these are assured, the attorney fee might be covered, but that is dependent on the nature of your case.
This article should not be used in place of any legal advice. All Partnership and Operating Agreement Miami should be discussed with an Entertainment lawyer Miami or other attorney that has a business law background. Please contact us regarding the specific needs of your business.