Find Lawyers in Orlando, Florida 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.
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Shareholder Ava Doppelt is Board Certified by the Florida Bar in Intellectual Property Law. She manages trademark and copyright portfolios, and has substantial litigation experience in federal and state courts and administrative agencies, advising clients on trademark, publishing, entertainment, and licensing, franchising, and copyright matters. Ms. Doppelt speaks frequently on intellectual property, publishing and entertainment law. She has served as an expert witness. Ms. Doppelt was former...
Managing Shareholder Brian Gilchrist is Board Certified by The Florida Bar in the area of Intellectual Property Law. Certification is the highest level of evaluation by The Florida Bar for competency, experience professionalism and ethics in an area of law. He has substantial experience in all phases of intellectual property litigation, including patents, trademarks, copyrights, trade secrets, deceptive trade practices and restrictive covenants. Mr. Gilchrist has been attorney of record in ov...
For more than 20 years, Gregory Herbert has litigated and counseled clients in the areas of intellectual property law, media/First Amendment law, Internet law, eCommerce, entertainment law and complex commercial litigation. Greg is board certified as a specialist in Intellectual Property Law by the Florida Bar's Board of Legal Specialization and Education, a distinction held by less than 1% of Florida attorneys. Greg has broad trial experience, jury and non-jury, in state and federal court, h...
Todd is a litigation shareholder in GrayRobinson’s Orlando office. With more than 35 years of trial and appellate court experience, Todd focuses his practice on both state and federal civil litigation, real estate and contract litigation, securities and corporate governance disputes, class action defense, and intellectual property litigation throughout Florida. With a mission focused entirely on client service,. Todd has a successful track record handling bench and jury trials in state ...
Registered Patent Attorney, Shareholder Chris Regan Is a Registered Patent Attorney who practices in the area of patent prosecution, patent infringement studies, litigation, and client counseling. His patent prosecution experience includes electrical and electronic equipment, telecommunications equipment and cables, laser and optical devices, semiconductor devices, semiconductor processing, mechanical devices and medical equipment. Mr. Regan’s representative clients include: Crystal Pho...
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