Protect Your Intellectual Property: Hire Lawyers Who Know About Trademarks and Copyrights

Intellectual property is a valuable asset for any business, and it should be protected as closely as possible. The umbrella of intellectual property includes trademarks, copyrights, patents, trade secrets, and more. Hiring the right attorney—an attorney who specializes in the appropriate area of IP law for your legal needs, whether it’s trademark registration or IP litigation—is especially important because there are so many ways that your intellectual property can be infringed upon by others. This blog post features insights from Vivid IP, an Atlanta intellectual property and entertainment law firm. We will discuss what intellectual property is as well as how you can protect it from being infringed upon by others!

You should protect your ideas as soon as possible

It is essential to protect your intellectual property assets early in the game. Seeking assistance from a professional who can help you legally protect your ideas as soon as you develop them can help you prove that your intellectual property is, in fact, yours in the event that your ideas are stolen. In the case of trademarks, a small company that’s developing a business plan should also look at protecting their name, logo, and other ideas that represent their brand within a given market. Intellectual property theft occurs when someone else uses or misappropriates an idea that you have created, and the consequences of this can be very costly for a business owner. Intellectual property infringement penalties vary widely depending on a few different factors, and they are usually more expensive than most people think. The sooner you protect your intellectual property, the greater the chances you’ll have of recovering damages.

What is ‘intellectual property’?

Intellectual property often falls into three main areas: trademarks, patents, and copyrights. Trademarks are used in commerce. They protect words, phrases, symbols, or designs that distinguish a company’s goods or services from those of other companies. Patents are used for original inventions. They grant the inventor exclusive rights to exclude others from making, using, offering for sale, or selling the product they’ve produced. Copyrights are used in the creative space. They protect original works of authorship, including literary, dramatic, musical, and artistic works. (Examples include poetry, novels, movies, songs, choreographed dances, magazines, software, video games, paintings, drawings, sculptures, photographs, and more.) These are the most commonly understood types of intellectual property because they have been in use for so long.

How can I enforce my intellectual property rights?

If you feel like your intellectual property has been infringed upon by another party (or if their use of your IP seems questionable), there are many ways to enforce your rights against infringing parties. Some examples include sending a cease and desist letter or filing a lawsuit in federal court under the Lanham Act, Copyright Act or the Patent Act. Taking action quickly can be key in minimizing the damage, which is something the Vivid IP team keeps in mind when speaking with potential new clients. When contacting them for an evaluation, you can expect them to get to know you and your needs before they offer a plan of action. You can connect with them at info@vividip.com  404-474-1600. Once you do, you will see why they are known for helping to facilitate their customer’s dreams. “We’ll always recommend the smartest, safest, and most valuable course of action for our client’s unique situation,” says Nikki Davis, Office Manager at Vivid IP.

Every intellectual property firm is different

Intellectual property protection can span a wide variety of industries, from hospitality, manufacturing, and biopharmaceuticals to fashion, entertainment, and eCommerce. Similarly, it covers several kinds of protection: from trademarks and copyrights to IP litigation and complex contract work. Some firms only offer trademark services, while others only help with copyrights and don’t litigate. To make sure a firm can meet your specific legal needs, you’ll need to ask about their experience and practice areas. For example, the attorneys at Vivid IP are well-versed across many areas of intellectual property and entertainment law. You can visit their website to learn more about the team and their individual backgrounds.

Consider their track record before you chose a firm

The founder of Vivid IP, Marcy Sperry, comes from a “big law” background—from firms like King & Spalding and Womble Bond Dickinson. While she honed her IP instincts and built an abundant network of creators and innovators, she saw that there was a real need for a more direct and detailed approach to client services that might be better met by a niche, boutique-sized team. Marcy used that idea to found Sperry IP Law, LLC in 2017, and the vast majority of her clients from her previous firms followed her on her entrepreneurial journey. In 2019, she decided to rebrand her firm in the spirit of “walking the talk” when it came to trademarks and branding—and Vivid IP was born. “We exist because we believe clients deserve more access and transparency (and less red tape) from their attorneys. We protect and defend ideas for a living—there’s never a dull moment!” said Marcy.

There is a growing need for IP law expertise in Atlanta’s entertainment industry

Vivid IP provides more than standard IP law services; their team has branched into areas that are unique needs in the Atlanta area: end-to-end protection for software entrepreneurs, high-level IP optimization (especially for tech startups with large IP portfolios), and most prevalently, entertainment law expertise.

As the entertainment space expands in Atlanta, creatives have a greater need for lawyers who understand how intellectual property, art, and business intersect within this realm. The team at Vivid IP knows what it takes to protect artistic endeavors and all related elements—from scripts and songs to costumes and choreography. Their experience includes:

• Drafting, reviewing, and negotiating contracts & agreements between entertainers, managers, co-creators, producers, studios, sponsors, and more.
• Advising on the legal clearance and proper use of other published works in pending creative projects.
• Assessing cases of potential copyright infringement, and offering clear opinions and actionable paths forward for clients who feel their creations have been duplicated without their permission.

If your ideas, your brand, or your inventions are lacking in legal guidance and protection, Vivid IP may be the resource you need to turn your dreams into a reality. Contact their team today to learn more!