Intellectual Property

Intellectual property is a phrase most people have heard but many are uneducated about. Most artists, business owners, and entrepreneurs are unaware that they have rights associated with their intellectual property which is valuable. However, as business is done almost exclusively in a global manner through the internet and, with the expansion of AI, it is becoming unavoidable for most people that intellectual property is something they need to learn about.

Intellectual property law covers a broad range of topics such as music, videos, visual art, literature, software, trademarks, and designs. The rights associated with these topics include copyrights, trademarks, and trade secrets. There is a wide variety of legal issues that arise as a result of these fields. When these issues arise, it is important to consult with an intellectual property attorney to determine the best course of action.

Copyrights are a bundle of legal rights associated with original works of authorship set in a fixed tangible form such as books, music, movies, art, software and more. Generally speaking, the rights associated with the original works are the right to reproduce the work, distribute the work, perform the work, display the work, license the work, or prevent others from doing so without permission. Copyrights exist automatically upon the creation of the work itself once it is fixed in a tangible medium (such as in writing or a recording), however, there are legal benefits to formally filing for a copyright with the United States Copyright Office. Copyrights generally last for the life of the author plus 70 years. However, it should be noted that this is all general information, and the specifics of any situation will dictate the rights associated with the copyright and the legal analysis for the same.

A trademark is a word, phrase, or symbol that identifies and distinguishes a source of goods or services of one party to others. Essentially, trademarks help consumers recognize and distinguish products or services. Examples of trademarks may be the Nike “swoosh” or Coca-Cola. Trademarks are used to protect brands and prevent confusion in the marketplace. While businesses can develop trademark rights from simply using the marks associated with their brands in specific marketplaces, there are many benefits to formally filing and receiving a trademark with the United States Patent and Trademark Office. Trademarks can last indefinitely provided they are being used by the owner and are properly maintained.

A trade secret in Florida is information that has independent economic value because it is not generally known or easily discoverable by others who could benefit from it, and reasonable efforts are made to keep it a secret. This would include confidential business information such as formulas, methods, or customer lists which would give a company a competitive edge and is actively protected from public disclosure. Trade secrets are different from copyrights and trademarks in that there is no formal filing which is required to claim the protection. However, businesses must take affirmative steps to ensure their secrets are protected such as implementing non-disclosure agreements, access restrictions, clearly marking items as trade secret, and implementing policies to protect the secrets just to name a few.

It is essential for businesses, artists, and entrepreneurs to protect their intellectual property rights because, in today’s digital world, where creative output can create tremendous value for your brand, creative work can be copied or misused in seconds. This is even more true as AI continues to grow and adapt.

Whether you are a business owner, artist, content creator, or developer, your intellectual property is one of your most valuable assets. Our intellectual property attorneys can help you enforce your legal rights, protect your original content, and remove infringing material from the internet through tools such as a DMCA takedown request. If your work has been stolen, reposted without permission, or you need to defend your content rights, we’re here to help. 

A DMCA takedown is a legal request under the Digital Millennium Copyright Act to remove copyrighted content that has been posted without permission. It’s the fastest and most effective way to remove infringing material from:

• Websites
• YouTube videos
• Social media posts
• Search engine results (Google, Bing, etc.)
• Hosting platforms and ISPs

Our attorneys draft and submit formal takedown notices that comply with federal law and ensure prompt removal of unauthorized content.

You should consider filing a DMCA takedown if:

• Someone reposts your content without permission
• Your videos or music are reuploaded on YouTube or TikTok
• Your photography or artwork is stolen and used on a website or blog
• Counterfeit versions of your digital products are being distributed
• Competitors are using your content for SEO or social media engagement

Our attorneys handle all aspects of the takedown process:

• Investigate and confirm infringement
• Prepare and send compliant DMCA notices
• Contact hosts, registrars, and search engines
• Monitor for re-posting or repeat violations
• Defend you if you receive a counter-notice

Our legal team provides a wide range of IP protection and enforcement services, including:

• Copyright registration
• Trademark registration and monitoring
• Responding to trademark office actions
• Cease and desist letters
• Licensing agreements
• Infringement litigation and dispute resolution
• Online brand protection
• Purchase agreements

Whether you’re an artist protecting their copyrighted works from improper reproduction, or a company launching your brand seeking a trademark for the same or pursuing infringement suits from someone improperly utilizing your intellectual property, we tailor our strategies to your specific needs and goals.

Our intellectual property attorneys have experience in copyright, trademarks, digital content, and online enforcement. Our team provides fast response and aggressive protection of your rights.

If your intellectual property is being used without your permission, don’t wait. The sooner you act, the easier it is to stop the damage.

Consultations are always free. DON'T DELAY YOUR CASE! CONTACT US IMMEDIATELY! We look forward to helping you. 954-772-2644.