Property owners are given certain rights and protections from our laws. Intellectual property is one type of property that comes from mental labor and creativity. Intellectual property rights and protections for owners of intellectual property are provided by federal patent, trademark, and copyright laws, as well as Arizona state trade secret laws.
A trademark protects a name or symbol that identifies the source of goods or services. A trademark owner who has acquired protectable rights in a mark may enforce their rights by preventing its use and/or registration of any subsequent infringing marks. The protection and enforcement of trademarks is extremely important to a company’s success, and in many instances, a business’ trademark portfolio may be the bulk of the value of the company. MC Attorneys trademark attorneys have the requisite skills and experience to find the best solution to protect your trademarks.
Copyrights protect several types of written and artistic expression. Our MC Attorneys advise our clients several ways: identifying works that fall under copyright protection; registering copyrightable works with the U.S. Copyright Office; and determining the ways in which copyrights can be acquired, protected, and exploited. MC Attorneys also have years of trial experience if a copyright issue requires to be litigated.
In Arizona, trade secret theft is known as “misappropriation.” This refers to the acquisition of a trade secret by an individual who knows or has reason to know that the trade secret was acquired by improper means, such as theft, bribery, misrepresentation, breach, or the inducement of a breach of duty to maintain secrecy. MC Attorneys intellectual property attorneys will help your company proactively protect its trade secrets and pursue any misappropriation of your trade secrets.
Infringement Claims and Defense
The intellectual property attorneys at MC Attorneys handle a variety of IP issues, including copyright and trademark infringement claims. A client may receive a cease and desist letter which explains the sender’s rights in a trademark and identify the unauthorized use. The letter will also stipulate why the sender contends that the recipient is infringing. Our attorneys will advise clients in this situation on available defenses and next steps. Further, if a lawsuit is filed, our attorneys will defend you in the infringement action.
MC Attorneys licensing attorneys help our clients with the drafting and review of a license agreements to effectively exploit trademarks, copyrights, and trade secrets.
Intellectual Property Audits
Our intellectual property attorneys also conduct IP audits, which are systematic reviews of a company’s IP assets, along with the related risks and opportunities. MC Attorneys IP audits help our clients assess, preserve, and enhance the value of their intellectual property holdings.
A comprehensive IP audit can accomplish all the following:
- Correct defects in IP rights;
- Identify opportunities to apply unused IP;
- Identify risks of infringement on another company’s IP; and
- Implement best practices for IP asset management.
In addition to reviewing a company’s intellectual property assets, we examine its IP-related contracts and policies, as well as the intellectual property of competitors.