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Intellectual Property
The lawyers at Los Angeles’ business law firm Castaneda, Ming & Kojikian, P.L.C., represent clients in all types of intellectual property (“IP”) matters, including many copyright and trademark issues.
Trademark Representation - Obtaining and Protecting U.S. Trademarks
At Castaneda, Ming & Kojikian, IP attorneys help clients obtain trademarks through the U.S. Patent and Trademark Office, as well as resolving trademark questions, including conducting trademark searches and name clearing. In addition, the firm’s business lawyers litigate trademark disputes in IP lawsuits filed in federal court when necessary.
Although a number of issues can lead to trademark litigation, disputes frequently arise because of the "likelihood of confusion" between two competing marks. A trademark dispute may arise because of the use of a variant form of a trademark, or use that is alleged to be "fair use."
Copyright Representation – Obtaining and Protecting U.S. Copyrights
The IP lawyers at Castaneda, Ming & Kojikian, P.L.C, handle copyright registration and copyright enforcement, as well as copyright lawsuits and IP litigation. These intellectual property attorneys help authors, songwriters, and other creative artists protect their creative works, e.g., books, songs, lyrics, motion pictures, films, screenplays, or other written or visual arts by the federal registration of their work. Proper registration and deposit of copyrighted materials with the United States Copyright Office protects copyright ownership and allows copyright owners to enforce their rights and to protect their original, creative work.
Preserving and protecting a copyright can be complicated. The firm's IP attorneys work with clients in a number of matters, including:
- reviewing or filing applications for copyright protection
- drafting copyright licensing agreements
- advising on the use of the copyrighted material
- issuing cease and desist letters
- bringing an action or lawsuit in federal court for copyright infringement
Defending Against Claims of Violation of U.S. Copyright or U.S. Trademark Laws
Sometimes, IP attorneys at Castaneda, Ming & Kojikian are asked to represent those individuals or business entities that have been accused or charged with copyright violation or the unlawful use of a trademark. Copyrights and trademarks are strictly protected by federal statutes, and even the most innocent of uses can be a violation of established federal law.
Copyright attorneys and trademark lawyers will always suggest, and the firm agrees, that it is best to seek legal guidance if you are considering using any material that may be legally protected in any way. It is better to be safe than sorry when dealing with copyright and trademark law.
This is particularly true before you publish any material, whether in print or on the web. It is extremely important to consult with a copyright lawyer or trademark attorney before you undertake any reproduction of printed material. An experienced IP attorney can help you determine whether or not a copyright or trademark protection exists, and to the extent that legal protections are in place, to gain the use of the material legally through the use of agreement and licensure.
However, if you have been accused or charged with unlawful use of copyrighted material, such as the unauthorized reprinting of a manual, or the illegal use of a trademark, it is important to contact an IP trial or litigation attorney as soon as possible. Federal law imposes strong fines and other punishments on those who violate copyright and trademark laws and it is imperative that anyone charged or accused of this type of illegality obtain experienced legal advice as soon as possible. Procrastination in responding to a simple cease and desist letter can result in an expensive, stressful, terseness and potentially crippling life-altering federal lawsuit.
Castaneda, Ming & Kojikian is Ready to Help You
The attorneys at Castaneda, Ming & Kojikian stand ready to assist individuals and businesses, both domestic and foreign, in their short-term and long-term legal IP needs. Please feel free to contact a business attorney at the firm to discuss the copyright or trademark situation or decision that you, your company or organization may be facing at:
(213) 488 – 3341.
Castaneda, Ming & Kojikian, P.L.C. is a California law firm effectively and efficiently addressing the legal needs and solving legal problems of both businesses and individuals.
“We are committed to providing each and every one of our valued clients with effective, efficient, and innovative solutions to their particular problems and issues.”