Find Lawyers in Raleigh, North Carolina for Litigation - Intellectual Property
A native of upstate New York, Dan Clark moved to Charlotte, North Carolina in 1979 and in 1985 graduated with honors from the University of North Carolina at Chapel Hill. He served first as a staff writer and then as an editorial board member on the North Carolina Law Review and upon graduation from UNC Law School in 1988 he joined Tharrington Smith. Mr. Clark’s areas of practice include employment law, civil and business litigation, intellectual property law, and administrative law. He...
Eric David focuses his practice on business litigation, constitutional litigation, and media and communications law. Eric represents businesses, public agencies, and individuals in high-stakes litigation in federal and state court, and especially the North Carolina Business Court. A seasoned litigator, Eric represents large and small businesses in complex litigation, particularly in federal court and the North Carolina Business Court. Eric has experience in a myriad of matters, including trad...
Coe Ramsey is a media and entertainment lawyer with an emphasis in broadcast, music, and intellectual property law. A former disc jockey, Coe represents radio and television stations, programming networks, music-related businesses, musicians, producers, artists, new media companies, and others in nearly every area of media and entertainment law. Coe has a diverse entertainment practice that includes matters related to music, radio, film, television, and publishing. His passion for broadcastin...
Randall Roden is a trial and appellate lawyer who began his career with the United States Department of Justice. During his more than six years with the Justice Department, he tried cases in federal courts throughout the Southeast. He now handles civil trials and appeals at all levels in the state and federal court systems in North Carolina, primarily representing individuals and businesses in intellectual property, contract and business ownership disputes. At Tharrington Smith, Mr. Roden has...
John Zaloom brings more than 20 years of experience to his employment and litigation clients. He advises clients on day-to-day employment issues and assists them when litigation is necessary. John also litigates complex and high stakes business disputes, intellectual property disputes, First Amendment litigation, and healthcare credentialing issues. John’s employment litigation experience includes disputes involving restrictive covenants, trade secrets, discrimination claims, Fair Labor...
Patrick Cross counsels media and broadcasting clients in a wide range of issues involving FCC regulatory compliance, intellectual property disputes, programming and ownership issues. He also represents businesses in a variety of industries in complex business litigation in state and federal courts.
Litigation - Intellectual Property Definition
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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