Category Archives: Intellectual Property

What’s the Best Way To Resolve an Intellectual Property Dispute?

There are three (3) primary ways that you can resolve an ongoing intellectual property dispute: litigation, mediation, or arbitration. Each have their own advantages and disadvantages. Mediation and arbitration are unlike litigation in that they happen out of court, but they have been shown to be effective in intellectual property disputes. Faro & Associates has extensive experience is each of these three alternatives. Factors which dictate the selection of one, or a combination of the foregoing alternatives, are highly fact specific. Notwithstanding, the so-called “alternative dispute resolution” choices to litigation are by no means appropriate for all disputes – “one size does not fit all”. I personally believe that mediation is undesirable for dispute resolution because it presupposes that the... Read More

What Is the Difference Between a Copyright, Patent, and Trademark?

Patent law, trademark law and copyright law all fall under the umbrella of services typically offered by Florida intellectual property litigation attorneys. They are all independent doctrines of the law, however, and separate federal statutes govern the rules and regulations related to each one. Patent law protects non-obvious intentions, like machines, synthetic drugs, or manufacturing processes. Trademark law, however, governs the protection of brand names. Finally, copyright law protects original authorship works in a tangible form, like films, sculptures, books, or paintings. One of the most common sources of intellectual property disputes has to do with who owns the copyrights and has the rights to use it. The author of a work is the sole copyright owner for the majority... Read More

Mediating Intellectual Property Disputes

Being involved as a party to an intellectual property dispute is frustrating, but you can help your case by reaching out for legal help as soon as possible. Many people are under the mistaken impression that litigation is their only option when one party is charged with violating another’s individual property rights, but that’s not the case. As litigation doesn’t always work for every case, and as it has gotten a reputation for being costly and time-consuming, other forms of dispute resolution have emerged to help parties close out their legal concerns and move on with their lives. The most common forms of alternative dispute resolution are arbitration and mediation, but mediation can be especially beneficial for an intellectual property... Read More

A Fact Sheet on Disputes Involving Intellectual Property Professional Malpractice

There are generally four types of intellectual property professional malpractice disputes: Patent, Trademark, Copyright Infringement & Unfair Competition (Trade Secret Theft, Breach of Non-Compete Agreements, Internet Conflicts Involving Domain Issues, & Trade Libel/Product Disparagement) Complexity of Malpractice Litigation The majority of intellectual property malpractice cases fall under into four separate categories: patents, trade secrets, copyright, and trademarks. These kinds of cases often involve complex case analysis and a thorough understanding of what qualifies as intellectual property. Expertise in these areas is essential for your case if you have concerns about an unfolding legal issue involving professional malpractice. It’s in your best interest to act swiftly and to retain legal counsel to protect your interests, whether the case is already in... Read More
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