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San Diego Intellectual Property Lawyer
Representing Your Interests in IP Litigation
It is unjust for someone else to mitigate your hard work and innovation by unlawfully using what you created. At The Mirkhan Law Firm, APC, our attorneys have extensive experience fighting for San Diego businesses harmed by intellectual property infringement.
We respect your hard work and want to see you exceed in your field and accomplish your goals.
We can protect your rights under intellectual property law, whether you need to:
- Protect a trademark
What Is Trademark Infringement and Brand Protection?
A trademark refers to a word or symbol that signifies a particular brand or company. Trademarks are patented through The United States Patent and Trademark Office. When a company copies another's trademark to sway consumers to their product, the owner of the trademark may suffer significant losses.
The United States Patent and Trademark Office issues patents for trademarks. However, they cannot legally enforce the proper and fair use of trademarks. That is the job of a business litigation lawyer. Our firm can guide you through all of the necessary steps toward reaching a resolution to your trademark law matter.
If someone is infringing on your trademark, our first step will be to stop the infringing party from using the trademark. To do this, we would send a “cease and desist” letter.
In some cases, entities committing trademark infringement are simply ignorant of their improper use of the symbol or word. Therefore, the matter may be resolved quickly if the other entity simply complies and ceases all improper use of the trademark.
If the infringing party refuses to cooperate, however, the matter will be brought to court and addressed through litigation. In litigation, the most common form of victory is a court order against the infringer.
This court order would forbit them from using the trademark and destroy any pre-existing products with the infringed trademark. In some cases, you may be able to recover monetary damages for losses suffered as a result of the unfair competition.
What Damages Can Be Recovered in Trademark Infringement Cases?
Under the Lanham Act, Section 1117(a), the trademark owner can recover the following damages in certain trademark infringement cases:
- The defendant's profits made from the trademark violation
- Any actual damages you or your company has sustained
- The costs of the legal action, including attorney's fees
Achieving this outcome is more complicated, but our San Diego IP lawyers are prepared to face the task. We have years of experience handling even the most complex intellectual property disputes and will fight hard for justice.
Copyright Litigation and Dispute Resolution in San Diego, CA
A copyright prevents others from copying your original work. If someone is using or reproducing your original work, they may be guilty of copyright infringement.
To have a case under copyright law, the alleged infringing entity must have actually copied some aspect of your original work. It is not enough if they simply created something that is vaguely similar to your work. Things like facts or general ideas also cannot be copyrighted.
If you have suffered from copyright infringement, the first step will be to file a formal complaint against the infringer. The defendant then has three weeks to respond. The matter may be settled through mediation or a settlement, or by going to trial.
In court, you will need to demonstrate that the defendant’s material is significantly similar to yours. You must also prove the defendant had access to your material in order to copy it. If you win the case or make a settlement during the course of the trial, you will likely recover monetary damages.
Representing Patent Owners in Infringement Cases
If an invention is patented, it is illegal for anyone other than the inventor or authorized personnel to use, replicate, or sell that invention.
There are two types of patent infringement:
- Literal - Using a product that is identical to the patented invention
- Under the doctrine of equivalents - When someone’s invention is not exactly like the patented version but performs the same function in the same way and to the same end
If your original work is being used illegally under patent law, your first step is to file a complaint. A patent lawyer from our firm can help you file the complaint, navigate mediation, and fight for you in court. Our attorneys are dedicated to protecting the intellectual property rights of our clients.
Contact our IP attorneys in San Diego today to discuss your concerns and learn about your legal options. Our business litigation firm provides personalized attention to each and every client. We have 18 years of success to back up our work.