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Patent infringement, broadly speaking, occurs where a party makes, sells, uses, offers to sell, or imports into the United States a product that is covered by a patent. Such actions can cause significant economic loss to the holder of the patent at issue because it deprives him or her of the opportunity to license the patent and to receive the profits from selling the product at issue. The purpose of a patent infringement lawsuit for the plaintiff, therefore, is to recover those losses in court through a damages award. There are several types of damages available in patent infringement actions, but the most common are reasonable royalties and lost profits, as an Alabama patent litigation attorney explains. 

For many businesses, trademarks are their most valuable intellectual property assets. And it’s easy to see why; trademarks identify your brand to consumers and distinguish it from those of others. If you have created a valuable product that is wildly successful in the marketplace — even in the absence of patent protection — your trademark will be similarly valuable. But because trademarks arise and remain in force through use, it is possible to inadvertently lose your trademark rights if you are not careful. An Alabama trademark lawyer explains how below. 

There are four primary types of intellectual property protection: patents, trademarks, copyrights, and trade secrets. While it is easy to get the various forms confused, perhaps none inspire more confusion and uncertainty than trademarks and trade secrets. One could be forgiven for assuming that, because they both contain the word “trade,” they must be similar or cover similar types of intellectual property assets. But trademarks and trade secrets are actually quite different, protecting radically different types of assets. In fact, trademarks and trade secrets have nothing to do with each other, as an Alabama intellectual property lawyer explains. 

Let’s say that you’ve developed what you think is a great new product. You’ve been keeping an eye on industry trends and positioning yourself for success for your next big launch. Your R&D department has spent countless hours and resources developing, testing, and refining the product, and has finally produced an ideal embodiment. And, even better, you have a pending patent application on it or even an issued patent. You’re ready to hit the market, right? Not so fast. Before launching a product, you still need to ensure that you have the freedom to operate, which an Alabama patent search attorney can help you to determine. 

If you have ever celebrated your birthday at a restaurant, you’ve probably wondered why restaurant staff use their own, in-house birthday song rather than the standard “Happy Birthday to You” used in private settings. This is because the song “Happy Birthday to You” was covered by a copyright (until 2016, at least), and a public performance of it could expose the singers to copyright infringement suits. This scenario illustrates the general principle that the unauthorized use of copyrighted work constitutes infringement. However, not all unauthorized use of copyrighted works will subject the user to an infringement lawsuit. If you have been accused of copyright infringement, an Alabama IP litigation attorney can help you defend yourself.