Intellectual Property / Technology Insights | SJKP LAW FIRM LLP

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What Are Your Rights As an IP Holder in the New York?

Intellectual property rights represent a legally protected interest in original creations, inventions, brands, and proprietary information that you own or control. The U.S. .egal system grants IP holders exclusive rights to use, license, and enforce their creations against unauthorized use through federal statute and common law. Failure to register, document, or actively enforce these rights can result in loss of protection, weakened remedies, or inability to pursue infringement claims in court. This article explores the core rights available to copyright holders, trademark owners, patent holders, and trade secret proprietors, along with practical enforcement considerations and the procedural landscape that shapes your ability to protect your interests.

Why a Venture Business Plan Requires Careful Legal Structuring?

A venture business plan is a formal written document that outlines your company's strategic direction, financial projections, market analysis, and operational structure, and it serves as both a management tool and a critical legal artifact that can define shareholder rights, investor obligations, and dispute resolution pathways. Venture business plans must address governance structures, capital contribution terms, and decision-making authority to establish enforceable agreements among founders and investors. Omissions or ambiguities in these foundational elements can trigger costly disputes over control, valuation, and exit rights that may require litigation to resolve. This article covers the essential legal components that protect your interests, the documentation standards courts examine during shareholder disputes, and how New York tribunals treat incomplete or conflicting plan provisions.

Unregistered Designs: Which Legal Protections Actually Apply?

Unregistered designs protect original product appearance without registration, but enforcement depends on proving originality, disclosure, copying, and substantial similarity through strong evidence and litigation strategy. Unregistered designs can provide automatic legal protection for original visual features even without formal registration. However, unregistered designs claims often require detailed proof of originality, first disclosure, copying, and overall similarity. Understanding how unregistered designs are evaluated, what evidence courts consider, and which enforcement strategies strengthen infringement claims can help design holders assess risks and protect valuable intellectual property rights.

What Is Unauthorized Use of Trademark and What Are the Legal Consequences?

Unauthorized use of a trademark is the commercial use of a mark identical or confusingly similar to a registered or unregistered trademark without the owner's permission, creating a likelihood of confusion among consumers about the source, sponsorship, or affiliation of goods or services. Federal trademark law, principally the Lanham Act, establishes that trademark rights arise through use in commerce and registration with the United States Patent and Trademark Office, and a party's unauthorized use can trigger infringement liability, dilution claims, and injunctive relief. Procedural defenses and evidentiary burdens shift depending on whether the mark is federally registered, whether the defendant had knowledge of the mark, and whether the defendant's use created a likelihood of confusion or tarnished the mark's reputation. This article examines the statutory framework governing trademark infringement, the elements courts examine when evaluating unauthorized use, the distinction between intentional and negligent infringement, and the remedies available to trademark owners.

Which Elements of Typeface & Font Copyright Are Protected?

Typeface and font copyright is a specialized area of intellectual property law that protects the creative expression embedded in the design of letterforms and characters. The scope of copyright protection for typefaces varies significantly depending on whether the font is registered as a literary work, a software program, or a design element, and courts apply different standards when evaluating infringement claims. A key procedural requirement is that the copyright owner must demonstrate originality and sufficient creative authorship in the typeface design itself, not merely in the underlying software code. Failure to meet this threshold can result in dismissal of infringement claims or a finding that the typeface falls outside protectable subject matter, leaving the creator without a viable legal remedy despite investment in design work. This article covers the distinction between copyrightable typeface expression and uncopyrightable functional letterforms, the evidentiary standards courts apply, the role of registration in establishing infringement posture, and the practical considerations that determine whether a typeface design qualifies for statutory protection.

What Legal Issues Arise in Transactional IP Agreements?

Transactional IP encompasses the acquisition, licensing, assignment, and enforcement of intellectual property rights across patents, copyrights, trademarks, and trade secrets in contractual settings. These transactions are governed by federal patent law, copyright statute, trademark registration frameworks, and state trade secret law, each imposing distinct validity and enforceability requirements on the parties. Defects in chain of title, scope of license grant, field-of-use restrictions, or confidentiality provisions can render agreements unenforceable or expose parties to infringement liability. This article addresses the core legal structures, risks, and procedural considerations that shape IP transactions, including ownership clarity, license scope negotiation, indemnification allocation, and dispute resolution posture.

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