Along with advances in industry, entertainment and other technology, intellectual property has evolved into sophisticated concepts, changing the commercial landscape.
Whether a patent for an invention, a trademark for a business or copyrights for artwork or literary material, such creative ideas and innovative concepts are legally owned and referred to as intellectual property. Intellectual property laws, which give the owner rights of reproduction and adaptation that last for a specified time, govern exclusive rights of ownership.
At Nacol, Wortham & Associates, P.C., our attorneys assist individuals, entrepreneurs and companies with proprietary preservation through due diligence, filing or registration by enforcing rights of ownership and, when needed, litigating to safeguard from intellectual property infringement. Translating intellectual property into a profitable business often requires drafting license agreements and other proprietary documents to protect trade secrets.
While numerous law firms handle only the transactional aspect of intellectual property, Nacol, Wortham & Associates, P.C., also represents clients in complex intellectual property litigation to protect their rights in a variety of intellectual property issues:
Our seasoned attorneys are skilled in resolving such matters through mediation, arbitration and negotiated settlements but also are competent trial lawyers and have represented a substantial number of companies and clients in jury and bench trials to jury verdict and/or judgment of the court.
Three primary areas addressed by intellectual property laws are patents, trademarks and copyrights.
A patent is an official document that gives exclusive rights to an inventor of a process, machine, article of manufacture or material composition. A patent also may cover useful improvements for existing inventions.
On behalf of our clients, lawyers at Nacol, Wortham & Associates, P.C. do the necessary research to ensure no other patent exists for the same or a similar invention. A well-crafted, validly written patent will protect your rights, whereas a general, broad patent will not. Our attorneys are skilled suing for infringement to receive compensation if someone has produced your patented device without permission. We also seek injunctions to protect against future infringement.
Typically, a patent has a life that extends 20 years from the date of filing the patent application. A patent provides an owner with the right to exclude others from making, using or selling the invention during the 20-year period.
A trademark is a mark, sign or symbol that represents a source of products owned by a particular individual or company and differentiates that product from other products. When the mark represents a particular company’s service as opposed to a product, it is referred to as a service mark. A word, phrase, logo, design, image or any combination of words, designs or images can be a trademark or service mark.
As a product or service gains value, trademarks and service marks become valuable assets that require protection. You may establish a trademark through registration or simply through use. Registration offers the advantage of possible litigation because in order to sue for trademark infringement, the mark must be registered.
Similar to a patent or trademark, a copyright grants the creator of an original work not only credit for its creation but also exclusive rights to determine adaptations of the work and decide who may perform and profit from the work.
A broad scope of materials is subject to copyright:
Similar to a trademark, a copyright does not have to be registered to be valid but must be registered to pursue a copyright infringement lawsuit.
Because procuring intellectual property rights involves understanding and meeting the requirements of U.S. patent, trademark and copyright laws and regulations, seeking the legal advice and services of an experienced lawyer usually is the most effective way to not only obtain valid intellectual property rights but also protect your interests.
Nacol, Wortham & Associates represents clients in Dallas and the surrounding areas with patent, trademark and copyright infringement cases through litigation or alternative dispute resolution. We also assist clients with license agreements and help them protect trade secrets. Rely on our expertise acquired through more than three decades of legal experience to provide legal solutions for your intellectual property issues.
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Nacol, Wortham & Associates
990 South Sherman Street
Richardson, Texas 75081
Metro: 972-690-3333
Toll Free: 866-352-5240
Fax: 972-690-9901