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Let’s say that you’ve developed what you think is a great new product. You’ve been keeping an eye on industry trends and positioning yourself for success for your next big launch. Your R&D department has spent countless hours and resources developing, testing, and refining the product, and has finally produced an ideal embodiment. And, even better, you have a pending patent application on it or even an issued patent. You’re ready to hit the market, right? Not so fast. Before launching a product, you still need to ensure that you have the freedom to operate, which an Alabama patent search attorney can help you to determine. 

If you have ever celebrated your birthday at a restaurant, you’ve probably wondered why restaurant staff use their own, in-house birthday song rather than the standard “Happy Birthday to You” used in private settings. This is because the song “Happy Birthday to You” was covered by a copyright (until 2016, at least), and a public performance of it could expose the singers to copyright infringement suits. This scenario illustrates the general principle that the unauthorized use of copyrighted work constitutes infringement. However, not all unauthorized use of copyrighted works will subject the user to an infringement lawsuit. If you have been accused of copyright infringement, an Alabama IP litigation attorney can help you defend yourself. 

Trademarks and copyrights are two major forms of intellectual property. Sometimes known as “soft IP” to distinguish them from the “hard IP” of patents, trademarks and copyrights are easily confused, as they both protect intangible assets. Trademarks protect brand names, logos, slogans, and other aspects that represent a business in the marketplace. Copyrights protect creative works, such as books, movies, and paintings. An Alabama trademark lawyer explains in more detail. 

Startups and other early-stage companies have a lot on their minds — securing funding, finding the right talent, setting a business trajectory, and developing a winning product. For many companies, intellectual property protection may seem like a concern only to more established players. However, valuable intellectual property is crucial for the long-term success of any company and, in many cases, it will be the primary factor in determining its value. Companies should establish an innovation harvesting process to ensure that great ideas from the R&D department make it into patent applications. An Alabama intellectual property lawyer explains how to do this below. 

On September 15, the Department of Justice announced that a Latvian national, Viktors Suhorukovs, had been sentenced to four years in federal prison and ordered to pay over $4.5 million in restitution after pleading guilty to a scheme to defraud holders of United States trademark registrations. Evidence showed that Mr. Suhorukovs operated a limited liability company titled “Patent and Trademark Office, LLC” — a name that is misleadingly similar to the actual United States Patent and Trademark Office (USPTO) — for the purpose of sending sham trademark registration renewal notices to registrants. Once the victim signed and returned the renewal notice, Mr. Suhorukovs sent them an invoice for the renewal service and charged an inflated fee for trademark renewal. The victims would then send their “renewal fees” to Mr. Suhorukovs, thinking they were dealing with the USPTO. In total, almost 3,000 victims were identified.