Akron Intellectual Property Attorney: Protecting Your Business
Registering your business can be exciting, but that is only the beginning. Your ideas and branding are often your most valuable assets, and you should act to protect them through intellectual property law. Without proper protection, your business may face brand confusion or even legal disputes that disrupt your operations. Working with an experienced Akron intellectual property attorney can help protect your business.
At Witschey Witschey & Firestine Co., LPA, our attorneys provide business owners in Akron and across northeast Ohio with intellectual property legal services. Founded in 1996, our firm brings extensive experience in business counsel and litigation. Our lawyers have received numerous recognitions for providing practical solutions tailored to Ohio businesses.
Common Disputes Over Intellectual Property
Conflicts over intellectual property can escalate into costly legal battles faster than you may expect. Our Akron intellectual property dispute lawyers have successfully handled a wide range of these issues, including:
- Infringement of trademarks: Trademark disputes often occur when another business uses a name, logo or slogan that is confusingly similar to yours.
- Patent infringement: Patent disputes arise when someone makes, uses or sells your invention without your permission.
- Copyright infringement: Copyright protects original works such as written content, photographs, software and marketing materials from misuse.
- Trade secret misappropriation: Trade secret disputes often arise when former employees or competitors improperly acquire or use confidential business information.
Our firm brings deep experience in Ohio IP law and business litigation, so we can resolve disputes efficiently while protecting your business interests.
Can You Sue For Trademark Infringement In Ohio If You Have Not Officially Registered It?
Yes, you can sue for trademark infringement in Ohio even if it is not officially registered. The Ohio and federal governments recognize “common law” trademark rights. Common law states that if you have used a mark in commerce to identify your goods or services, you automatically have certain rights to it. However, common law rights are generally restricted to the geographic area where you actively use the mark.
Key Questions About Intellectual Property Disputes
Intellectual property disputes often involve strict deadlines, different laws and more than one court system. These answers explain several issues that Akron business owners may need to consider.
What is the statute of limitations for filing an intellectual property lawsuit in Ohio?
The deadline depends on the type of claim. Ohio gives businesses four years to bring many trade secret claims. The clock usually starts when the business discovers the misuse or reasonably should have discovered it. Federal law gives copyright owners three years to bring an infringement claim. Patent, trademark and contract claims may follow different deadlines. A business should act quickly after it discovers possible misuse.
How does the Ohio Uniform Trade Secrets Act (OUTSA) protect proprietary information?
OUTSA protects valuable business information that competitors and the public do not know. The business must also take reasonable steps to keep the information secret. Trade secrets may include customer lists, formulas, software code, pricing methods and business plans. Passwords, confidentiality agreements and limited employee access can help show that the business protected the information. A court can order a person or company to stop using or sharing a trade secret. The court can also award money for losses caused by the misuse.
Where are intellectual property lawsuits officially filed if a business is located in Akron?
The type of claim determines where a business files the lawsuit. Federal courts hear patent and copyright claims. They may also hear claims under federal trademark law. An Akron business may file a qualifying federal case in the U.S. District Court for the Northern District of Ohio. That court has a courthouse in Akron. Ohio courts may hear trade secret, contract and unfair competition claims based on state law. A business may file a qualifying local case in the Summit County Court of Common Pleas.
Contact An Intellectual Property Lawyer To Protect Your Business
Intellectual property disputes do not have to threaten everything you have built when our Akron intellectual property attorney is on your side. At Witschey Witschey & Firestine Co., LPA, we serve businesses in Akron, Cleveland, all of Summit County and across northeast Ohio. Call 330-576-9770 or use our online contact form to schedule a consultation.