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Browse our 1 legal question about Intellectual Property in United States and the lawyer answers, or ask your own questions for free.
Intellectual Property, often shortened to IP, refers to creations of the mind such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. In New York, as in the rest of the United States, IP law aims to protect these creations to encourage innovation and creative expression. The main types of IP include patents, trademarks, copyrights, and trade secrets. While many IP laws are governed by federal statutes, New York also has distinct state laws and court practices that can impact how IP rights are secured and enforced within the state.
Navigating intellectual property law can often be complex and requires specialized knowledge. Common situations where New Yorkers may require legal help in IP matters include:
A lawyer familiar with IP law and with New York courts can help safeguard your interests, minimize risks, and increase your chances of success.
Although intellectual property is primarily regulated at the federal level in the United States, New York has its own statutes and common law rules relevant to IP:
Understanding the interplay between federal and state laws is essential for anyone seeking to protect or enforce IP rights in New York.
Federal registration through the USPTO provides nationwide protection, while New York state registration protects your mark only within state borders. State registration may be useful for businesses that operate solely in New York or wish to establish early local rights.
You should consider filing for a patent if your invention qualifies, and use non-disclosure agreements to help prevent others from using your ideas before you file. Consult with a qualified IP attorney to strategize appropriate protections.
A trade secret is any confidential business information that gives you a competitive edge, is not generally known to others, and is subject to reasonable efforts to maintain secrecy. This can include formulas, processes, customer lists, and more.
Copyright lawsuits are generally filed in federal courts, since copyright is mainly protected by federal law. However, related state law claims (such as breach of contract or unfair competition) may be brought in state court.
The right of publicity in New York protects individuals from having their name, portrait, or likeness used for advertising or trade purposes without written consent. This is especially important for public figures, celebrities, and artists.
Trademarks can last indefinitely as long as they remain in use and are properly renewed. Copyrights typically last for the life of the author plus 70 years, but works for hire and corporate works have different terms.
Do not ignore the letter. Contact an experienced IP attorney who can evaluate the claims, advise on your options, and respond appropriately. Acting quickly can help minimize your legal exposure.
Comparative advertising is allowed under some circumstances, but you cannot use a competitor's trademark in a way that confuses customers or suggests sponsorship. Legal advice is recommended before proceeding.
Enforcement depends on the type of IP. You may need to file a lawsuit in state or federal court, send cease and desist letters, or seek remedies such as injunctions and damages. An attorney can guide you toward the right approach.
You can do a preliminary search using the USPTO database for federal trademarks, the New York Department of State for local marks, and copyright or patent search tools. However, a comprehensive search by a qualified attorney is highly recommended.
Several resources are available for individuals and businesses seeking information or assistance in intellectual property matters in New York:
If you need legal assistance with intellectual property in New York, start by organizing documents related to your project, creation, or dispute. Consider reaching out to an experienced IP attorney who can assess your situation and recommend the best course of action. Many lawyers offer an initial consultation, where you can discuss your needs and get an overview of your options. Be prepared to share details about your work, your goals, any correspondence you have received, and your desired outcome. Proper legal guidance will help you understand your rights and responsibilities, and put you on the path to successful IP protection or enforcement in New York.
