
·
Patent, Trademark, and/or Copyright First
You really can’t
make a claim against someone who is using your intellectual property unless you
first register that property. This will require filing an official trademark or
copyright application for your property. A trademark protects your company
information from being used by another company. Going back to the Avengers
example, the next Batman movie can’t have Spiderman in it because those are two
separately trademarked characters and can only be used with permission from the
trademark owner. Copyriting typically applies to a work that you intend to
publish like a story, article or photo. These can also be created by your
business as a way of promotion but can’t be used by other companies unless you
give them permission. A lawyer who is familiar with these types of laws can
advise you as to which is the best application to file for protection.
·
IP Monitoring
If you are
serious about protecting your intellectual property then you’re going to have
to invest into some time into monitoring your brand to see if your property is
being inappropriately used. This isn’t just about checking into Facebook once a
day, but instead dedicating time to conduct comprehensive searches across all
kinds of social networking sites and other web portals.
·
Decide If Your Have Been Infringed Upon
Suppose your
company creates a brand icon like the Pillsbury Doughboy. After trademarking
this icon, it becomes very popular and begins popping up as people’s profile picture
or on their blogs. Is that real infringement? Is your business being damaged?
Your reputation being tarnished? Only you can make that call but just because
someone might be using your icon or other intellectual property in the vast
outreaches of cyberspace doesn’t mean your business will suffer. On some level,
you can’t realistically chase down every infringement. You have to pick your
battles wisely.
·
Taking Action
When it has been
determined that your intellectual property is indeed being misused then you can
take appropriate legal action. The first would be a cease and desist order.
This would be a legal letter sent from your company’s attorney informing the
user that they need to stop using your intellectual property immediately. Once
you’ve put them on notice and they still keep using the property, you can sue
them for trademark or copyright infringement. Proving damages in court can be
tricky and costly for you. Often, the cease and desist order will do the trick.
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