trademark patent copyright — Trego, Hines & Ladenheim, PLLC

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Areas of Practice

Patents

The Framers of the Constitution believed that a patent system was a highly important function for the national Government, and the right to issue patents was granted to Congress by the Constitution. The first United States patent was issued in 1790. Since then, the U.S. Patent and Trademark Office has issued over eight million patents. There are several kinds of patents: Utility patents for new and useful products and methods, Design patents for ornamental designs of useful products, and Plant patents for new plant varieties.

Trademarks

A trademark is any word, name, symbol or device that one entity uses to distinguish its goods and services from the goods and services of others. Trademarks are the brands by which goods and services are identified. Unlike patent law or copyright law, which both have their roots in the United States Constitution, trademark law is an outgrowth of the common law of unfair competition. Trademark law is designed to prevent consumer confusion in the marketplace and at its heart, the federal trademark act remains a consumer protection statute.

Copyright

We are surrounded by artistic expression. It is in the music we listen to, the books we read and the paintings we hang on our walls. Artistic expression can also be found in less obvious places such as computer software applications and architectural drawings. All of these forms of expression are the result of an individual artist reducing his or her creativity and imagination into a tangible medium and each is entitled to copyright protection. Our experienced lawyers routinely counsel clients on developments in the law and assist clients in prosecuting copyright applications through the United States Copyright Office

IP Litigation

When an intellectual property dispute ends up in court, it almost always ends up in a United States Federal District Court. Indeed, the law requires patent and copyright infringement cases to be brought in federal court. The vast majority of trademark infringement cases are heard in federal court as well. Our firm routinely represents litigants in intellectual property cases in United States Federal District Court. We are experienced in all types of infringement actions ranging from the unauthorized use of copyrighted architectural plans to the infringement of patented medical devices.

IP Mediation

Mediation is mandatory in all North Carolina Superior Court civil actions and is routinely ordered in civil actions before the United States District Courts. Mediation can be an invaluable and effective tool in resolving disputes. However, not all conflicts, and not all mediators, are the same. Choosing the right mediator can make the difference between reaching an amicable resolution and an impasse. When a legal dispute involves intellectual property matters, both the parties and their counsel can benefit from using a mediator who is experienced in the field of intellectual property law.

Unfair Competition

False designations of origin, false descriptions of fact and false representations of fact can all give rise to a claim for unfair competition. Our firm routinely represents clients in cases involving claims of unfair competition under the Lanham Act. We also handle cases involving the North Carolina Unfair and Deceptive Trade Practices Act. Further, we advise clients on a variety of related issues ranging from confidential disclosure requirements to preservation of trade secrets.