Intellectual Property (IP)

Intellectual Property Infringement Lawyers

North Carolina, South Carolina, and Nationwide

The term "intellectual property" is a general term that may include patents, trademarks, copyrights, trade secrets, and trade dress (such as packaging or presentation of a product).

Infringement of intellectual property occurs when another person or company invades any one of the exclusive rights of a person’s intellectual property. To discuss infringement of intellectual property rights, contact The McGougan Law Firm in North Myrtle Beach, South Carolina. The law firm assists clients who wish to avoid infringing on others' intellectual property rights, as well as those whose intellectual property rights have been, or may be, infringed upon.

It is possible to infringe all types of intellectual property:

• Utility patent (making, using, selling, offering to sell, or importing of a patented product or process without permission)
• Design patent (fabrication of a design that, to the ordinary person, is substantially the same as an existing design, where the resemblance is intended to induce an individual to purchase one thing supposing it to be another)
• Trademark (the unauthorized use or imitation of a mark that is the property of another in order to deceive, confuse, or mislead others)
• Copyright (the reproduction, adaptation, distribution, performance in public, or display in public of the copyrighted work of someone else)

If another person or company has infringed your intellectual property infringement rights, intellectual property attorney P. Jeff Martin may be able to assist you in asking the appropriate court to grant an injunction to prevent and/or stop further infringement. Or, learn how to protect against unfounded allegations of intellectual property infringement.

We represent clients in a wide variety of industries in intellectual property infringement matters:

• Chemical/pharmaceutical
• Medical devices
• Biotechnology
• Communications and electronics
• Mechanical, design, and consumer products
• Internet, software, and business methods

Items or articles, which are allegedly infringing on someone else’s intellectual property rights, can be impounded while the action is pending. The items in dispute may be ordered destroyed or subject to other disposition if there is an infringement. (See this news item about the lawsuit involving Johnson & Johnson and the Red Cross over the use of an emblem as an example.)

An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages.

An alleged intellectual property infringer may also be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. A prevailing party may be awarded costs and attorneys' fees from the infringer (or "loser" of the lawsuit).

Learn about your rights and responsibilities pertaining to intellectual property infringement. Contact The McGougan Law Firm in North Myrtle Beach, South Carolina, to schedule a free initial consultation concerning international patent protection and other topics of intellectual property rights.