Intellectual Property Law Services in Louisiana

Intellectual Property Law Services in Louisiana

What does a Louisiana design patent protect?

What does a Louisiana design patent protect?

Whereas a utility patent covers an invention itself including the way it functions or its mechanical structure, a design patent protects only the appearance and design of the object. Put differently, a utility patent protects the way an invention is used and how it works while a design patent protects how it looks. Design patents may be obtained only where the ornamental features of the invention predominate over its functional features. An invention that is primarily utilitarian in nature is generally not protectable by a design patent. A design patent affords the patent holder the right to prevent others from making, using, or selling a product that resembles the patented product closely enough that an “ordinary observer” might confuse the infringing product for the patented one.

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What is a Cease-and-Desist Letter?

A cease-and-desist letter is typically the first step in protecting your Louisiana trademark rights once you determine that a third party is using your mark without authorization. The purpose of a cease-and-desist letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. It also typically puts the alleged infringer on notice that if they do not stop their unauthorized use, they may face further legal action, such as a lawsuit.

While this letter does not need to be prepared by an attorney, a trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand. Furthermore, an unauthorized user is more likely to respond favorably to a letter from an experienced attorney. When successful in getting the alleged infringer to cease their unauthorized use of a mark, demand letters are the most cost effective and efficient way to resolve a trademark dispute.

What are the benefits of hiring a Louisiana trademark attorney to protect your brand or name?

Trademark attorneys specialize in all areas of trademark law, including registration at the USPTO, counseling, and enforcement. Because there are many nuances in trademark law, having an experienced attorney guide you will help avoid potential complications, especially during the registration process. For example, a Louisiana trademark attorney will know which forms to file with the USPTO, which classes of goods and/or services to apply in, and how to describe these goods and/or services. An attorney will not only be able to help you accurately prepare your application, but will also be able to respond to the USPTO if the examiner finds any issues with the application.

Louisiana Trademark Attorney
Intellectual Property Attorney in Louisiana

What type of services does an intellectual property attorney in Louisiana provide?

An intellectual property (“IP”) attorney isn’t just for filing patent applications. An IP attorney should be well-versed in trade secrets, trademarks, unfair business practices, and copyrights. Some of the key services Axenfeld Law provides include patent prosecution, trademark registration, copyright registration, litigation to enforce your intellectual property rights, and domain name disputes. Axenfeld Law can also work with your business to license or transfer your IP rights, whether as an individual transaction or as part of a larger deal, such as IP due diligence for mergers and acquisitions. This would include assessing your IP portfolio and determining the steps needed to protect your IP while maximizing its value.

Axenfeld Law has experience in representing Louisiana businesses and individuals before the U.S. Patent and Trademark Office (“USPTO”) involving both trademarks and patent matters. Additionally, Axenfeld Law’s litigation team is well versed in all areas of intellectual property law and can represent you in enforcing your rights against infringers or defend you when accused of infringement. IP law is a complex field with each sub-area of law containing its own nuances, therefore it is imperative to look to a team like Axenfeld Law that is familiar with the practical intricacies in order to maximize the value of your IP while minimizing the costs.

Someone stole my brand, what can a Louisiana trademark attorney do to help me?

If you discover that someone is using your brand without authorization, there are a number of steps you can take to protect your rights. While each situation is nuanced, typically the first step is to send a demand letter (also known as a cease-and-desist letter). The purpose of a demand letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. A trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand.

Demand letters are the most cost effective and efficient way to resolve a trademark dispute. However, in some cases, the unauthorized user may ignore the letter or simply refuse to cease their unauthorized use of your trademark. In this instance, the next step is to consider whether to file a lawsuit. Because there are many factors to consider when deciding to file a lawsuit, such as cost and potential outcomes, it is important to speak with an experienced trademark attorney for guidance.

While trademarks are the subject of both federal and state law, federal law provides the main source of trademark protection. As a result, working with an attorney who specializes in trademark law is generally more beneficial than working with an attorney who practices in a certain state but who has less familiarity with trademarks.

Axenfeld Law Group, an intellectual property firm that specializes in trademark matters, is here to help you enforce your trademark rights. Robert Axenfeld is currently licensed to practice law in the Commonwealth of Pennsylvania and the District of Columbia, and regularly handles trademark matters before the U.S. Patent and Trademark Office (“USPTO”) and federal courts.

Someone stole my brand, what can a Louisiana trademark attorney do to help me?

Does copyright law protect my photos posted on social media?

U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.

Does copyright law protect my photos posted on social media?

Patent Services by County

Patent Services in Winn County, LA Patent Services in St. Mary County, LA Intellectual Property Law Services in St. Tammany County, LA Trademark Services in Tangipahoa County, LA Trademark Services in Tensas County, LA Intellectual Property Law Services in Terrebonne County, LA Patent Services in Union County, LA Trademark Services in Vermilion County, LA Trademark Services in Vernon County, LA Intellectual Property Law Services in Washington County, LA Patent Services in Webster County, LA Intellectual Property Law Services in West Baton Rouge County, LA Trademark Services in West Carroll County, LA Patent Services in West Feliciana County, LA Intellectual Property Law Services in Morehouse County, LA Trademark Services in Madison County, LA Intellectual Property Law Services in Natchitoches County, LA Patent Services in Orleans County, LA Intellectual Property Law Services in Ouachita County, LA Trademark Services in Plaquemines County, LA Patent Services in Pointe Coupee County, LA Trademark Services in Rapides County, LA Intellectual Property Law Services in Red River County, LA Trademark Services in Richland County, LA Trademark Services in Sabine County, LA Trademark Services in St. Bernard County, LA Trademark Services in St. Charles County, LA Trademark Services in St. Helena County, LA Trademark Services in St. James County, LA Trademark Services in St. John the Baptist County, LA Patent Services in St. Landry County, LA Patent Services in St. Martin County, LA Intellectual Property Law Services in Livingston County, LA Intellectual Property Law Services in Lincoln County, LA Intellectual Property Law Services in East Baton Rouge County, LA Patent Services in Caldwell County, LA Trademark Services in Cameron County, LA Trademark Services in Catahoula County, LA Patent Services in Claiborne County, LA Trademark Services in Concordia County, LA Intellectual Property Law Services in De Soto County, LA Intellectual Property Law Services in East Carroll County, LA Trademark Services in East Feliciana County, LA Intellectual Property Law Services in Evangeline County, LA Intellectual Property Law Services in Grant County, LA Patent Services in LaSalle County, LA Patent Services in Lafourche County, LA Patent Services in Lafayette County, LA Patent Services in Jefferson Davis County, LA Patent Services in Jefferson County, LA Trademark Services in Jackson County, LA Patent Services in Iberville County, LA Patent Services in Iberia County, LA Trademark Services in Franklin County, LA Patent Services in Acadia County, LA Intellectual Property Law Services in Calcasieu County, LA Intellectual Property Law Services in Caddo County, LA Intellectual Property Law Services in Bossier County, LA Intellectual Property Law Services in Bienville County, LA Trademark Services in Beauregard County, LA Patent Services in Avoyelles County, LA Intellectual Property Law Services in Assumption County, LA Trademark Services in Ascension County, LA Patent Services in Allen County, LA