Roger E. Naghash is an eminent California intellectual property lawyer dedicated to defending the original works of creators and artists in California and other states. For years, Mr. Naghash has successfully defended the exclusive rights of intellectual property owners to distribute and profit from their creativity and hard work.
Intellectual property refers to creations of the mind, including inventions, literary and artistic works, symbols, names, images, and designs. Intellectual property law covers four basic categories: patents, trademarks, copyrights, and trade secrets. Patents and trademarks protect “industrial” property like inventions, technology, and geographic indications; copyright protects literary and artistic works such as novels, music, and paintings. Intellectual property “rights” grant creators exclusive privileges over the use of their work for a certain period of time. The purpose of protecting these rights by law is to encourage innovation and reward creative design. Examples of creations protected by intellectual property law include:
- Works of authorship
- Sound recordings
- Video games
- Fiber optics
- Product designs
- Market analyses
- Financial information
- Manufacturing methods
Intellectual property law protects creators, designers, and artists from infringement, or the unauthorized used and misuse of their creations. For example, copyright infringement occurs when a copyrighted work is performed, reproduced, distributed, or made into a derivative work without the owner’s permission. Patent infringement occurs when someone uses or sells a patented invention without the patent holder’s permission. The legal standard for trademark infringement is whether the use of a distinctive mark would likely confuse consumers as to the source of the goods. Trademark dilution, on the other hand, occurs when someone “blurs” or “tarnishes” the distinctive quality of a “famous” mark by either identifying the mark with dissimilar goods or associating it with inferior products. In all these cases, a competitor gains an unfair advantage by profiting from the exclusive rights of the intellectual property owner.
The bulk of intellectual property law is set forth in federal statutes. Copyright law is codified in Title 17 of the United States Code. 17 U.S.C. §201 states that copyright in a protected work “vests initially” in the author of the work. Authors have the exclusive privilege to control the reproduction of their work, including the right to receive payment for reproductions. However, ownership may be transferred or bequeathed by operation of law. Authors may also grant or sell these rights to publishers or recording companies who then have “permission” to copy and broadcast their work. Patents are covered in the Patent Act, which is codified in 35 U.S.C. §101. According to this law, any person may obtain a patent for an invention or discovery of any new and useful process, machine, manufacture, or composition or any improvement thereof. The Lanham Act provides protection for trademarks and is codified in 15 U.S.C. §1501. Section 1114 gives trademark owners the right to sue subsequent parties for trademark infringement if the use of a mark dilutes its distinctive quality or is likely to cause confusion among consumers.
If you require legal assistance in protecting your intellectual property rights, the experienced Orange County intellectual property attorneys at the Law Offices of Roger E. Naghash can help. We have successfully handled all types of intellectual property cases, recovering compensation for victims of copyright, patent, and trademark infringement. At the Law Offices of Roger E. Naghash, we believe that no one should profit illegally from your creativity and hard work. That is why we are dedicated to providing you with the highest quality legal representation in defending your intellectual property rights. Contact us at (949) 955-1000 for a confidential consultation.