Intellectual property (IP) serves as a driving force for innovation in Louisiana. IP law protects the rights of creators, helps stimulate economic growth, and establishes a fair and competitive environment in which businesses can thrive. These benefits are lost when people or companies fail to protect their intellectual property. To protect it often means filling out many forms, following different processes, performing extensive due diligence, and complying with laws and regulations – but somewhere along the line, people or businesses make a costly error.

At Business Law Group, we have a process to help make sure the protection and/or registration of your intellectual property is undertaken timely and properly. Our IP attorney in New Orleans can assist with IP research, forms, filings, litigation, and more. Contact us today at (504) 446-6506 to schedule a consultation and to start protecting your IP interests.

Understanding Intellectual Property Law in Louisiana

Intellectual property refers to creations of the mind that are used in commerce, like inventions, literary and artistic works, designs, symbols, names, and images. These intangible assets are legally protected through:

Intellectual property is important to protect because, in a rapidly evolving global economy, it is the cornerstone of innovation and business success.

Important Intellectual Property Laws

Because protecting intellectual property is so important, there are a number of federal laws that regulate intellectual property.

Benefits of IP Protection in Louisiana for Creators and Owners

Protecting and registering intellectual property offers several benefits to individuals and businesses. On a larger scale, society benefits, too.

Consequences for Failing to Protect Intellectual Property in Louisiana

From the risk of infringement to the challenges of securing and enforcing rights, individuals and businesses can encounter numerous hurdles under intellectual property law. However, failure to register and protect intellectual property – no matter how challenging the process is – can have consequences for companies and creators.

Why Choose Our Intellectual Property Attorney in Louisiana

Having an intellectual property attorney by your side is crucial. At Business Law Group, our IP attorney provides strategic counsel to protect your intellectual assets, offering guidance in obtaining and defending patents, trademarks, copyrights, and trade secrets.

Whether you are an inventor, artist, entrepreneur, or established corporation, anyone engaged in creative or innovative pursuits stands to benefit from the expertise of an intellectual property attorney. From startups to Fortune 500 companies, we tailor our services to meet the unique needs of our clients.

The need for an intellectual property attorney arises at various stages of your journey – from the initial concept and development phase to the enforcement and protection of your rights. Whether you are launching a new product, expanding your brand, or facing potential infringement issues, our IP lawyer in Louisiana is here to guide you.

Copyright

Intellectual property is critical in today's competitive market, and yet advancements in this digital age make it easier than ever to violate intellectual property rights. That's especially true for anything you write or produce. Whether as an individual or an entity – your written creations risk copyright infringement in Louisiana if not protected. Violators can easily find material online and use it as their own to profit from it. It is important to protect your original work, and the most important and effective means of protection is copyright registration.

At Business Law Group, our copyright protection lawyer in New Orleans handles all types of copyright matters and will help you understand what the benefits are and how to continue or expand the protection of your intellectual property. Contact us today at (504) 446-6506 to schedule a consultation.

Overview of Copyright Law

A copyright gives an author of an original work exclusive rights to their work, including the right to control and protect it. Copyrights cover a wide variety of different subject matters.

Elements of a Copyright

Qualifying for a copyright is not very difficult. There are certain elements that must be met, including originality. The work cannot be a copy of anything else. Copyrights must also be tangible and at least a little creative. In other words, an idea cannot be copyrighted, but a written work can be.

What Can Be Copyrighted

Original works of authorship can be copyrighted, including:

• Poetry
• Songs
• Photography
• Movies
• Sculptures
• Novels
• Architectural Works

Slogans, symbols, and designs cannot be copyrighted.

The Rights a Copyright Provides

When the owner of a work copyrights it, they have the ability to:

• Reproduce;
• Distribute; and
• Sell the work.

If the work is a play, they can perform it; if it is a movie, they can show it. Copyright also allows the owner to prepare derivative works based on the original. Copyright owners can also authorize others to exercise the rights given to them by the copyright.

Copyright Registration

Contrary to popular belief, copyright registration is not mandatory. However, to best protect your intellectual property, you should register a copyright for it. The benefits of copyright registration are many and the process does not have to be complicated with a copyright lawyer in Louisiana guiding and advising you.

Benefits of Copyright Registration

One of the benefits of copyright registration is that it establishes evidence that the work has an owner on record. Also, should another party attempt to infringe on the copyright, the fact the copyright is registered allows the owner to bring a lawsuit against the infringing party (a rejected application may be used for the same purpose).

If the copyright owner wants to seek statutory damages and attorney's fees in an infringement case, registration after publication or before the infringement occurs allows them to do so.

Copyright Registration Process

The copyright registration process can typically be completed online. Some works may be submitted electronically, yet others must have a hard copy, which will not be returned.

Keep in mind, copyright information is public record and time limits apply as to when the registration must be filed.

Our copyright attorney at Business Law Group will ensure the copyright registration process in Louisiana is undertaken properly and timely to ensure you receive maximum benefits.

Common Copyright Issues

Many challenges may arise with or throughout the copyright process. To provide context as to why it's important to seek legal counsel for copyright protection specifically and any intellectual property generally, some of the most common issues in the copyright process are briefly described below.

Ownership Issues

Often, disagreements arise over who actually owns the copyright.

A common example of this issue involves employee/employer situations. For example, if a person created original work that is copyrighted while in the employment of a company, then the company may own the copyright to the work. The opposite is typically true when the person creating the work is a freelancer. Many times this problem can be solved by reviewing relevant contracts, which hopefully address these matters and spell out who has a right to what. Without relevant terms and conditions in a contract, this issue becomes more problematic.

Time Limit on Copyrights

Many people fail to understand just how long copyright protects the original work. In most cases, it lasts for the life of the author (or creator) plus seventy years. This time limit varies based on the type of medium being copyrighted, so it is always best to confirm and not just assume how long a copyright lasts.

Fair Use Exception

The Fair Use exception to copyright is often overlooked or not properly understood. It holds that copyrighted materials may be used under certain conditions. The type of original work and the way it is being used are both considered under the Fair Use exception.

Common examples of when copyrighted materials may be used under this exception include:

• Teaching purposes
• Reporting the news
• Conducting research
• Providing criticism

Copyright Infringement

Copyright infringement occurs when any person or entity violates the rights of the copyright owner. For example, if someone reproduces, performs, or displays a copyrighted work without the permission of the copyright owner, they have committed copyright infringement. To be guilty of copyright infringement, the person or entity that commits the infringement does not have to be seeking monetary gain.

Proving Copyright Infringement

Anyone that claims their copyright has been infringed upon must be able to prove that they are the owner of the copyrighted material and that their rights as such have been violated. They must also be able to show that the person or entity that violated their rights exceeded the fair use doctrine, which allows the use of copyrighted materials in certain situations and under certain conditions.

Remedies for Copyright Infringement

Injunctions are the most commonly sought remedy by victims of copyright infringement. An injunction serves to stop the infringing party from continuing to violate the copyright. Permanent injunctions prevent the infringing party from ever engaging in the infringement again.

Other civil and criminal remedies may be available in Louisiana to parties who have had their copyright infringed. It all depends on the facts and circumstances.

Intellectual Property FAQ

Innovation is critical to our economic success in Louisiana. Our ideas and inventions help make society in general and businesses in particular thrive. In fact, as intellectual property, these ideas and inventions are often considered business assets and must be protected if you as a business or person want to receive their full benefits. When protected, you have certain rights to your intellectual property, including remedies when a person or entity infringes upon those rights.

At Business Law Group, our intellectual property lawyer in New Orleans helps clients protect their intellectual property. There are different types of protection for different types of intellectual property. The process, however, to ensure proper protection is cumbersome and creates confusion. Below, we share some of the most common questions we receive on this issue. To get smart, specific legal guidance, contact us at (504) 446-6506 today to schedule a consultation.

What Is Intellectual Property?

The U.S. Department of State provides a good working definition of intellectual property (IP) as the embodiment of "unique work reflecting someone's creativity and is all around us, manifested through miracle drugs, computer games, films, and cars."

When a person or entity creates something new, it is the product of their creativity, knowledge, and thought process. As such, it is their intellectual property. It can be a tangible product, a type of service, or even a new process. Whichever or whatever it is, if it meets certain criteria, it is entitled to protection. This protection nurtures an environment of creativity and creates a system of rights and responsibilities.

What Are the Benefits of Protecting Intellectual Property?

Protecting your intellectual property offers advantages regardless of whether you are doing so as an individual or business entity. Common benefits of IP protection include:

• Profiting from your idea or invention
• Increasing your company's market share or market value through the sale, commercialization, or licensure of IP
• Increasing brand awareness
• Raising or securing funds by using IP as debt collateral
• Developing a competitive advantage in the market

These and other benefits are dependent on the type of IP and the protection you secure for it. Some types of protection are automatic while other types require a process to qualify.

What Are the Main Types of Intellectual Property Law?

There are four main types of intellectual property. Below is a brief description of each.

Copyrights

The United States Patent and Trademark Office (USPTO) defines copyright as "a form of protection provided by U.S. law to the authors of 'original works of authorship' fixed in any tangible medium of expression."

This definition is broad and covers different types of materials that can be subject to copyright, like writing, photographs, music and sound recordings, paintings and sculptures, and architectural works. Copyrights are not applicable to ideas alone.

Patents

According to the USPTO, a patent grants an inventor property rights to their invention. These rights include the ability to exclude others from "making, using, offering for sale, or selling" the invention. There are three different types of patents:

1. Utility patents, which cover how an invention is made or functions
2. Design patents, which cover an invention's ornamental or non-functional features
3. Plant patents, which cover newly discovered plants

Trademarks

A trademark is defined by the USPTO as a "word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others." Popular examples of trademarks include McDonald's® golden arches, Walt Disney's Mickey Mouse, Nike's swoosh logo and Just Do It®, Google®, and Facebook®. It is possible for a trademark to cover a group of products.

Trade Secrets

A trade secret is an intellectual property that belongs to a particular entity that has value because it is not common knowledge. Something that is public knowledge cannot be considered a trade secret.

Ways in which trade secrets materialize include but are not limited to engineering information; methods, processes, and knowledge; formulas; business and financial information; business plans; budgets; methods of calculating costs or pricing; customer and supplier lists; internal marketing and development strategies; computer programs (e.g., source code); pending or unpublished patent applications; products or services in research and development; and means to collect data.

Popular examples of trade secrets include Coca-Cola's recipe, the eleven herbs and spices used in KFC's fried chicken, Google's algorithms, and the criteria used for the New York Times's Best Seller List.

How Do I Protect My Intellectual Property?

A person or entity should take steps to keep IP protected. By doing so, they help protect their own interests and the ability to keep their IP safe from others. Some steps to protect IP include:

1. Filing for the appropriate type of IP protection (i.e., patent, trademark, copyright, or trade secret)
2. Keeping detailed documentation of ideas and content (i.e., records, descriptions, drawings, dates, etc. that prove you conceived and developed the idea or invention and not someone else)
3. Keeping private ideas and secrets just that… secret

These three steps sound easier than they are but taking them will help you maintain your IP rights.

One additional step to help ensure you properly and timely protect your IP is this: speak to an IP lawyer in Louisiana. It will help you make sure all the necessary steps are taken to maximize IP protection and the benefits that flow from it.

Can I Transfer Intellectual Property, and If So, How?

IP can be transferred between parties. The proper way to complete this type of transfer depends on several different factors, including the type of IP and the agreement between the parties. Sometimes, IP is part of an estate plan and ownership passes through the estate.

Under certain circumstances, it may be possible to transfer IP through an assignment of IP rights. When considering a transfer of IP, it is always a good idea to seek counsel from an experienced Louisiana IP attorney.

How Are Intellectual Property Rights Enforced?

The most effective means to enforce IP is through registration. Sometimes, however, especially when IP rights have been violated, other enforcement means are necessary.

When another person or entity infringes upon your intellectual property rights, the most obvious way to enforce your rights is through litigation. Filing a lawsuit may be the best way to proceed in cases where time is of the essence. An injunction, which causes a party to immediately cease a certain action, may be necessary as well.

Another way to enforce IP rights includes sending a "cease and desist" letter to the infringing party. Sometimes, when time is not critical, this letter is sent prior to litigation. Also, according to the particular circumstances of the situation, it may be a good idea to make a report to the appropriate authorities for criminal prosecution.

What Should I Do If Accused of Violating an IP Right?

When accused of violating an IP right, the best first step is to contact an intellectual property defense attorney in Louisiana. They will help you determine (1) whether or not you have actually violated an IP right; and if you have, (2) the best way to remedy the situation with the least disruption to you.

Gather any and all information you have in regard to the allegation made against you for your attorney to review.

What Do Intellectual Property Lawyers Do in Louisiana?

IP lawyers wear several different hats. First, they can help determine whether or not something is indeed IP and needs to be protected. If so, the attorney will determine what type of protection is needed and file the appropriate paperwork to obtain the patent, trademark, or copyright. Once the protection is obtained, an IP lawyer will help their client if any other party attempts to infringe upon their rights.

IP lawyers are also integral to the development of IP strategies. Building a strong working relationship with an IP attorney can act as a competitive advantage in your industry and help you gain a larger share of the market.

What's the Difference Between a Patent and a Trademark?

A patent protects an invention — the way something is made or functions — for a limited period, generally 20 years. A trademark protects a brand identifier, like a name, logo, or slogan, and can last indefinitely as long as it's still in use and properly maintained. A single business can need both: a patent for a product it invented and a trademark for the name it sells that product under.

Should I Trademark My Business Name or Form My LLC First?

Forming your LLC first is generally the more practical order, since you'll need a formed business entity to properly own and file for the trademark. That said, it's worth checking trademark availability for your proposed name early — before you've built a brand around it — so you're not forced to rebrand after already forming your entity, printing signage, or filing for a liquor license under that name.

Do I Need to Trademark My Logo?

Not necessarily, but it's often worth doing. Your business name and your logo are typically registered as separate trademarks, since they're different types of marks (a word mark vs. a design mark). If your logo is a key part of how customers recognize your brand, registering it gives you the same enforcement rights against copycats that registering your business name does.

What's the Difference Between ™ and ®?

The ™ symbol can be used with any word, phrase, or logo you're claiming as a trademark, even before registration is complete — it puts others on notice of your claim. The ® symbol may only be used once the USPTO has actually registered the mark, and using it before registration is finalized can undermine your rights.

Can I Sell or License My Trademark or Other IP?

Yes. Trademarks, patents, copyrights, and trade secrets can all be sold outright (an assignment) or licensed to another party for their use in exchange for fees or royalties, subject to the terms you negotiate. A well-drafted licensing or assignment agreement is essential to protect the value of the IP and make sure you keep the rights you intend to keep.

How Much Does It Cost to Trademark a Business Name?

Federal filing fees through the USPTO typically range from a few hundred dollars per class of goods or services, plus attorney's fees for the search, filing, and any office actions the USPTO raises during examination. Costs increase if your application faces opposition or requires amendments, which is one reason a proper clearance search before filing is worth the upfront investment.