Find Lawyers in Arkansas, United States for Litigation - Intellectual Property
Practice Area Overview
IP is protected by specific laws relating to patents, trademarks, copyrights, and trade secrets; these laws acknowledge an innovator’s ownership of his or her novel creation and give that innovator the exclusive right, for a defined period of time, to use and benefit from it.
Litigation of IP matters takes several forms. One involves patents, which cover inventions on designs and products, as well as the processes through which they are manufactured or used. Patent infringement refers to the unauthorized use of a patented invention, at which point litigation can arise. A “Hatch-Waxman” litigation is a particular kind of patent dispute involving generic versus brand pharmaceutical products and processes and infringement of the patent(s) covering these.
Trademarks and copyrights also can be infringed. A trademark can be a symbol, logo, word, sound, color, or name that identifies the source of a product and distinguishes it from that of others. Copyrights protect works of authorship, such as writings, music, and art. Copyrights and trademarks grant holders exclusive rights to use their works, and an unauthorized use can lead to litigation. Trade secrets are information that companies keep secret to give them an advantage over competitors. Misappropriation of trade secrets is a typical litigation scenario when such information is taken without authority.
Licensing disputes can arise that relate to any of these protections. A licensing agreement is essentially a contract between an IP rights owner and an entity authorized to use such rights, usually in exchange for an agreed upon fee or royalty. The extent to which parties do or do not follow the terms of that contract often engenders this type of litigation.
Other kinds of IP litigation can include variations of the above, including trademark dilution, “cybersquatting,” pirated and “knock-off” commercial goods, domain name disputes, domestic and foreign customs seizures, and unfair competition.
IP assets are a valuable foundation of any successful venture, so when unauthorized use occurs, disputes are bound to arise.
Corporate Law & Commercial Litigation Legal Guide 2023View Legal Guide
Harry Light practices in the areas of bankruptcy, creditors’ rights, commercial litigation and trademark/copyright applications. In the bankruptcy area he has represented creditors in protecting their collateral, represented purchasers in acquiring assets from bankruptcy estates and defended creditors in bankruptcy adversary proceedings. Harry’s work also includes representing banks, mortgage lenders and other institutions including the Resolution Trust Corporation and the Federal Deposit Ins...
N.M. Norton has a commercial litigation practice, including matters under the Arkansas Franchise Practices Act and Deceptive Trade Practices Act and primarily focusing in the areas of governmental litigation, intellectual property, public utilities and administrative and regulatory matters. Norton's more recent experience includes: Counsel for an international oil and gas company in litigation resulting from a release of oil from an interstate pipeline. Serving as lead counsel in two major el...
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