Intellectual Property Lawyer In Charlottesville, VA
Tech Startups and Intellectual Property
Our intellectual property lawyer in Charlottesville, Virginia understands that intellectual property (IP) is important to a wide variety of businesses, especially to technology startups. If you are starting a tech company, consider taking the following steps recommended by an intellectual property lawyer in Charlottesville, VA to ensure the best protection of your IP and to avoid future business litigation.
Assign IP over to the company – It can be difficult to start and fund a successful company if a founder cannot simply take their idea and start their own independent company at any time. For this reason, all founders should sign legal documents specifying that ownership of any of their own intellectual property will be transferred to the company as a whole. You should also have a carefully drafted employment agreement ready for any non-founder employees that is in compliance with Virginia’s laws in order to avoid ownership disputes in the future.
Pick the right type of protections – Depending on the nature of your intellectual property, you may want to explore trade secret, patent, trademark, or copyright protections. Each protection has its own eligibility requirements, procedures, limitations, scope of protection, and more. It is important to consult with an IP attorney regarding which type is best for your tech startups. It is also important to sufficiently plan and budget for the particular protections that you need.
Be careful when shopping an app – If your tech startup has a new application (app) that you are shopping and/or testing, there are specific IP concerns that should be addressed. First, you may not want to seek a full patent and go through the complicated and costly process if you are unsure whether the app will be a success. For this reason, you may want to seek a provisional patent that gives you a “patent pending” status. This can still provide IP protections without requiring you to put forth the time and money required for a full patent while you determine whether the app and its underlying ideas are commercially viable.
In addition, if you are testing the marketability of the app, you may want to have parties sign a non-disclosure agreement (NDA). This is a legal contract that prohibits a party from disclosing confidential information (such as information about your app program). This contract should be carefully drafted to include the scope of the duty not to disclose and the specific obligations of the parties who receive the information.
Consult with an Experienced Intellectual Property Lawyer
If you are part of a tech startup – or any type of startup – it is imperative that you cover all of the necessary bases when it comes to protecting your intellectual property. IP is often the basis for the success of technology companies and, if someone else misappropriated your idea or information, that success could be at risk. Whether you need advice on how to protect your IP or believe that you may have a legal dispute regarding IP, your first call should be to a skilled IP attorney. Call Dale Jensen, PLC today to set up a free and confidential consultation with an intellectual property lawyer Charlottesville, VA clients recommend.
Finding an Intellectual Property Lawyer Charlottesville, VA
Witnessing another party stealing your creation, concept and/or published work can be stressful and demeaning. For those who find themselves in such a situation, many often turn to a reliable intellectual property lawyer Charlottesville, VA. We do not take such acts of stealing lightly, and can fight for your reprisal from the offending party within the court of law.
The team at Dale Jensen, PLC has a proud portfolio of winning cases. We want to ensure you trust us to represent and speak on your behalf within the judicial system.
We strive to make our clients feel comfortable and empowered from start to finish. You may be emotional, frustrated, and feel as though you are not in control of what is happening. By choosing an intellectual property lawyer Charlottesville, VA, you can trust we will protect your company from further harm being inflicted on your personal successes.
What are the various types of Intellectual Property?
The 5 main categories of intellectual property include Copyright, Patent, Trade Secrets, Misappropriation of Likeness and Cyber-Privacy. Consult with an intellectual property lawyer Charlottesville, VA to see if your case fits any of these below.
- Other Art Medium
- Sound Recordings
- Technology Software
- Inventors and those of Discovery
- Machine Mechanisms
- Concepts of Improvement
- Trade Secrets
- Details that allow Advantage over Competition
- Customer Information
- Client Lists
- Misappropriation of Likeness
- Celebrities Mainly
- Newer Concept
- Defense in Protecting Brand
- Person does not always have Copyright over Property
- Public Figures
- Publishing Photographs of Famous Person without Approval
- Website must disclose if Customer Info is being gathered for Data
- Frequency of Collection
- Data May be Sold to a third Party
If you believe any of the above scenarios may apply to you, please do not hesitate to get in touch with an intellectual property lawyer Charlottesville, VA. Due to the need of proof and scrutinizing of details in cases like these, it is important you have a professional on your side to assist with the process.
Intellectual Property Law FAQ: What is a trademark search?
Our intellectual property lawyer in CHarlottesville, Virginia knows that when you are planning to trademark your name, logo, or slogan, you will need to ensure no other company is using the same one or one that is too similar. This is one of the most complicated, yet important procedures during the trademark process. You can do it on your own; however, it may be in your best interest to ask an intellectual property lawyer for their help.
A trademark search includes any action taken for the purpose of establishing whether or not a trademark is currently used by another individual or company. A trademark search can be minimal, narrow in scope, or very broad; including all possible avenues of protection. As an intellectual property lawyer might explain to you, only after a full consideration of the mark, the goods or services the mark covers, and the allocation of resources available by the applicant can the right searching strategy be developed.
There are two common searches that an intellectual property lawyer for trademark protection might consider performing. Each one is explained below.
A Knock Out Search
When the trademark search uses the Federal Trademark Register to determine whether the same, or similar, mark exists, it is called a knock out search.
A knock out search can be performed by the applicant or a Charlottesvilleintellectual property lawyer. It covers all marks on the systems’ database which includes marks that have been applied for, but not registered, as well as, registered marks. It also includes marks that were once registered, but have been cancelled and applications that have been abandoned. The database is relatively complex and can return marks that are identical or a close match.
Bear in mind, this type of search generally only includes a search for the actual mark, and not marks that could be considered a variation. An example might be the following:
Let us use a proposed mark such as “AUTUMN RUG STORE.” The searcher might look for a result such as “Autumn Rug Store,” but not “Autumn Rug Company” or “Autumn Rugs and Co.”, or “Autumn Rug Shop.” Although these names are different, they may be considered too similar; therefore, it could result in a conflict with the AUTUMN RUG STORE company due to their proximity in meaning.
As an intellectual property law firm, we would advise applicants that knock out searches can provide a general overview of what might be possible; however, it is not comprehensive; therefore should not be relied upon as a predictor of success.
Full Trademark Search
A full trademark search is a search that covers all possible avenues for registering and protecting a trademark. This search is conducted through private databases that have the ability to search and categorize results based upon the similarity of the mark and the subject. Results are compiled into a report which contains data such as:
- Identical marks
- Close variations
- Marks similar to the mark, but related to a different good or service
A full trademark search can be several hundred pages long. The right intellectual property lawyer may review the search and help you to decide whether your trademark should be applied for.
Contact Dale Jensen, PLC to schedule your first free consultation. We can fight for your behalf and may use legal strategies that can guarantee maximum compensation. The sooner you contact an intellectual property lawyer in Charlottesville, VA, the more likely you will be awarded the retribution amount you seek; give us a call today!