For nearly fifty years, Allen, Dyer, Doppelt + Gilchrist has been a formidable presence in the Florida legal community, specializing in intellectual property and complex business litigation. Our depth of experience and expertise allows us to provide effective legal services to a range of clients from individual entrepreneurs to national and international corporations.
Our practice areas include patent, trademark, and copyright prosecution, licensing and IP litigation. We have extensive experience in all areas of intellectual property including computer and internet law, and entertainment law. We appear before the United States Patent and Trademark Office, State and Federal Courts, arbitration panels and administrative bodies throughout the country.
The attorneys at our intellectual property law firm have received numerous accolades and awards including Best Lawyers, Super Lawyers and Florida Legal Elite. Many of our lawyers are designated as experts in Intellectual Property law by the Florida Bar.
Intellectual property rights have long been recognized as essential to American businesses. In fact, the protection of intellectual property rights was so important it was included in Article I of the U.S. Constitution.
One may license his or her intellectual property and oftentimes disputes arise over these licensing terms, conditions, payments or royalties. Other types of intellectual property litigation can include trademark dilution, cybersquatting, cyber piracy, counterfeiting, domain name disputes, customs seizures, data privacy, right of publicity, and database protection, among others. One may also become involved in an International Trade Commission proceeding, or reexamination or inter partes review of issued patents.
There are as many different types of protections as there are creative and novel developments. Intellectual property protection arises under both state and federal law, protecting creations, discoveries, inventions, artistic works, processes, products, designs, expressions, marks, and even product packaging.
Qualified intellectual property litigators can help you identify what can be protected, how best to protect your intellectual property, how to monetize your intellectual property and, if necessary, how to protect against others who are using your intellectual property. Oftentimes, others will improperly assert claims of infringement and it takes a seasoned intellectual property attorney to properly defend against such claims.
Litigation, or lawsuits, in intellectual property may take several forms. Patent infringement litigation involves disputes over designs of products or the process through which products are created or used. Patent litigation generally takes place in Federal Courts throughout the United States.
Trademarks and copyrights can also be infringed, leading to litigation. A trademark can be a symbol, logo, word, color, name or even a sound that makes one source of products stand out from others. Copyrights protect works of original expression. These disputes can involve literary works, music, art and software source code. Copyrights and trademarks grant the owner exclusive rights to the intellectual property and any unauthorized use can lead to litigation.
Trade secrets are another form of intellectual property, covering information, compilations, formulas or other secret information which gives a company an advantage over its competitors. When the information is taken without permission, litigation may be necessary to protect those secrets from disclosure.
One may license his or her intellectual property and oftentimes disputes arise over these licensing terms, conditions, payments or royalties. Other types of intellectual property litigation can include trademark dilution, cybersquatting, cyber piracy, counterfeiting, domain name disputes, customs seizures, data privacy, right of publicity, and database protection, among others. One may also become involved in an International Trade Commission litigation, patent reexamination proceedings or inter partes review of issued patents.
It is important that an intellectual property law firm have experience in all areas of intellectual property litigation, for many disputes involve more than one type of intellectual property protection. It takes an experienced intellectual property attorney to be able to recognize and address all potential disputes to best protect your intellectual property or defend against such claims.
Our patent litigation team is comprised of patent lawyers, Florida Bar Board Certified experts in intellectual property and experienced trial lawyers. Our team has asserted and defended against patent infringement claims across the United States, in the United States District Courts and the United States Court of Appeals for the Federal Circuit, in addition to post-grant proceedings at the U.S. Patent and Trademark Office before the Patent Trial and Appeal Board. We focus on early analysis of the claimed infringement and tailor a strategy consistent with the client’s financial and company goals, from pre-suit, through discovery, motions to trial or alternative forms of dispute resolution. We have represented clients ranging from individuals and small business groups to some of the country’s largest corporations. aliquip ex ea commodo consequat.
Our trademark litigation team is comprised of trademark prosecutors, seasoned litigators and experts in trademark law. Like our patent litigation team, we have lawyers experienced in all aspects of trademark litigation including Trademark Trial and Appeal Board work and trademark disputes in federal and state courts. We have experience in all aspects of trademark litigation, from seeking or defending against requests for injunctions, to motion practice and trial. Whether the resolution requires licensing expertise, trial experience or proceeding in the U.S. Patent and Trademark Office in a cancellation proceeding, our team is ready for what our clients need. Oftentimes a trademark dispute can involve related issues including trade dress claims, dilution, counterfeiting, false advertising, fair use, preemption or customs seizures. Our team can handle whatever the dispute may require.
Trade secret claims often arise when former employees are employed by competitors and encouraged to share information about the competitor. Many times trade secret disputes are accompanied with non-compete agreements, restrictive covenants, right to work claims and inevitable disclosure issues. In other circumstances, businesses have exchanged information under a nondisclosure or confidentiality agreement and a dispute arises over the use of the information. Injunctions are generally an important aspect of this type of litigation. We often find that companies use inadequate or outdated documents to protect the trade secrets, which we can assist in updating.
Our copyright litigation team has a wide variety of experience with copyright disputes across several areas and industries. We help resolve disputes relating to architectural designs, database protection, software protection, DMCA, fair use claims, use of photographs and secondary liability, and more. We also represent clients across the entertainment and music industries.
Intellectual property law is our specialty, and has been for nearly fifty years, and we are trusted in the field.
Although widely regarded as top Florida IP attorneys, we also handle intellectual property cases across the nation. If you have an intellectual property dispute or need help to avoid disputes, our litigation team is ready to help. Contact us to schedule a consultation or visit a Florida office location in Miami, Orlando, Winter Springs, or Jacksonville.
With decades of experience, our litigation team has most likely encountered whatever issue you may have. If we do not answer your question below, feel free to reach out to our team.
Intellectual property covers a wide range of property rights including creative works, inventive works, industrial developments, designs and other creations that one may come up with. The laws that protect such property include patents, copyrights, trademarks or trade secrets. Each category has its own set of laws designed to protect this type of property.
The laws protecting intellectual property are designed to provide inventors, artists, engineers and entrepreneurs, among others the right to make money from their intellectual property. When others use the intellectual property, they are violating the law and we refer to it as infringing the intellectual property rights.
There is no easy answer or “one size fits all” solution to protecting your intellectual property. The answer will depend on the type of intellectual property you have developed. Protection may include applying for patents, copyrights or trademarks. Protection may include written agreements. Ultimately, protection may require you to enforce your rights through the courts. There is no “poor man’s patent” or other short cuts to protection. If your intellectual property has value or potential value, take the time to make sure it is protected under the law.