Kansas City Intellectual Property Lawyers
Helping Businesses & Entrepreneurs Protect Their Brands
Creative works—including designs, logos, inventions, artwork, trade secrets, and brand names—are protected under intellectual property laws. As a creator, you have the right to use, sell, distribute, and replicate your work as you see fit. If another person or entity violates your intellectual property rights, you can take legal action and seek financial compensation for your damages.
The Kansas City intellectual property lawyers at Potts Law Firm represent artists, creators, businesses, and entrepreneurs in all types of intellectual property disputes. We also help our clients file for copyrights, trademarks, and patents, as well as take the necessary measures to adequately protect trade secrets. Our firm is prepared to walk you through the legal process, providing highly personalized guidance and attentive service every step of the way.
For a free consultation, call (816) 312-5125 or contact us online. Hablamos español.
What Is Intellectual Property?
Intellectual property refers to any invention or work resulting from creativity. To be considered “intellectual property,” the creative work or invention must be one that is eligible for protection under U.S. copyright, trademark, patent, or trade secret laws. This includes intangible assets that provide some value to a business or commercial enterprise, as well as original creative works to which the creator has rights.
Some examples of intellectual property include:
- Original artwork, such as paintings, drawings, etc.
- Literary works, including novels, manuscripts, and plays
- Product names and designs
- Original inventions
- Unique branding, including logos, slogans, fonts, and designs
- Computer software, programs, domain names, etc.
- Trade secrets, such as formulas, processes, recipes, client lists, etc.
- Architectural and industrial designs
These and other types of intellectual property can be protected by state and federal law. This prohibits anyone other than the owner or the intellectual property from controlling how it is used, displayed, distributed, sold, reproduced, or otherwise managed.
Types of Intellectual Property
While there are many examples of intangible assets and creative works, intellectual property is categorized into the following four types:
- Copyrights: A copyright is used to protect original creative works, such as written materials, song recordings, and paintings. You cannot copyright an idea; copyrights are only granted for tangible creative works.
- Patents: Patents grant property rights to creators of original inventions, including both tangible and intangible inventions. There are three types of patents: design patents, plant patents, and utility patents.
- Trademarks: Trademarks protect various elements used to distinguish a company and its products or services (i.e., branding), such as logos, phrases, brand names, fonts, colors, symbols, and even sounds.
- Trade Secrets: A trade secret is some form of information held by a company or business entity that is not publicly known and which provides economic value to the company or business entity by not being publicly known.
While you may apply for copyrights, trademarks, and patents, there is no application process for trade secrets. Rather, a company or business entity must take the necessary steps to actively protect proprietary information. Once this information becomes publicly known, it is no longer considered a trade secret and is not subject to trade secret laws.
Examples of Common Intellectual Property Violations
Intellectual property violations occur any time an individual, business, or corporate entity violates the protections set forth by copyright, patent, trademark, or trade secret laws.
Some examples of common intellectual property violations include:
- Purposefully creating a logo or product name that is similar to an existing brand’s logo or product name to confuse consumers
- Reproducing someone else’s art or literary work without authorization and attempting to sell or distribute that work unlawfully
- Manufacturing goods or products that are protected by patents without a license or other authorization to do so
- Recording music, sound recordings, or videos without authorization and attempting to sell or distribute those recordings
- Misappropriating proprietary information classified as a trade secret in violation of applicable trade secret laws
At Potts Law Firm, we represent clients in all types of intellectual property disputes and rights violations. Our attorneys are aggressive when it comes to protecting your creative works and rights.
Schedule a complimentary consultation with the Potts Law Firm team today; call (816) 312-5125 or contact us online to get started.
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