Intellectual Property Protection

At Matheson & Peshell, L.L.C., we focus on advising businesses in connection with a variety of intellectual property issues, including strategic planning for the protection of intellectual property, copyright and trademark registration, transactional issues, and misappropriation and other enforcement issues.  We also actively pursue enforcement of your intellectual property, bringing motions for injunctive relief and litigating claims.

What Is Intellectual Property?

"Intellectual Property" includes all the confidential information and creative works that make a business unique and valuable.  Virtually every business holds some form of intellectual property, such as trade secrets, trademarks, copyrights, or patents, and virtually every business is vulnerable to misappropriation of its intellectual property requiring implementation of legal protections.

Trade Secrets

A trade secret has been defined as "information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and      (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."  Trade secrets derive their protection from both federal and state law, and are particularly susceptible to misappropriation by competitors and even employees.  Utah has adopted the Uniform Trade Secrets Act, and the federal Economic Espionage Act of 1996 makes the theft of trade secrets a federal crime. 

Trademarks

Trademarks generally protect branding devices, such as logos, symbols, words, names, and colors, which distinguish goods or services from those sold or manufactured by competitors.  Trademarks can be renewed and protected indefinitely so long as they continue to be used in commerce.  Trademarks are protected by federal statute under the Lanham Act.

Copyrights

Copyrights protect "original works of authorship," including books, music, videos, patterns, or other forms of expression, such as speeches and advertising copy.  Copyright laws make it unlawful for someone other than the original author to reproduce the work, make derivative works, distribute copies of the work, perform or display the work publicly, or transmit sound recordings of the work in digital audio without permission.  Copyrights are protected under federal law by the Copyright Act of 1976.

Protecting Intellectual Property

Intellectual property can have significant economic value, and ensuring its protection can be essential to the success of your business.  Active enforcement efforts are essential to protecting your intellectual property, including efforts to keep trade secrets secret and pursing injunctive relief and litigation when copyrights, trademarks, or trade secrets are misappropriated.  Unlawful use of intellectual property can carry significant civil fines and result in significant damage claims.

Copyrights and trademarks can be registered in the United States and in other countries in which you do business.  Copyrights can be registered with the U.S. Copyright Office and trademarks can be registered through the U.S. Patent and Trademark Office (USPTO), affording them important protections.  Copyright and trademark protections are territorial, so if you do business internationally, it is important to consider international registration as well. 

Intellectual property can also be protected by properly drafted licensing agreements, employment agreements, non-compete agreements, and other types of contracts, which define the limits of authorized use for parties who are privy to your intellectual property.

What intellectual property does your business hold?  At Matheson & Peshell, L.L.C., we serve businesses in protecting and enforcing their trade secrets, trademarks, and copyrights, and would appreciate the opportunity to represent you in protecting your intellectual property.  Contact us today.