Copyright Law in New Orleans, LA

You deserve the full credit for the intellectual property and inventions you bring to the market. This goes for designs as well. It is improper for another individual or business entity to use your designs; either by mistake or in an attempt to lure business away from you. For this reason, you may want to consult with an experienced copyright attorney in New Orleans. They can help you protect your intellectual property and get the credit you deserve.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in New Orleans, Louisiana some protection from those who try to steal their idea.

A novel creation receives copyright protection when it becomes fixed into a tangible form. Copyright law dictates how to establish this ownership. Additionally, it explains how to register intellectual property or defend against infringement.

Copyright registration is a type of public record for ownership. A piece of work doesn’t require copyright registration for protection under the US copyright law. However, you should register your product in New Orleans, LA with the help of a copyright lawyer, as this can offer you several unique advantages:

  • Protects your work against the importation of copies that infringe the registration. Your registration will be recorded with the United States Customs and Border Protection.
  • If your work is already registered in the United States, you can proceed with an infringement lawsuit; otherwise, you will have to register it first.
  • The IP owner can seek damages and attorney fees if a copyright registration happens within three months of publication (or prior to an infringement claim).
  • If a copyrighted work becomes registered outside of the three-month time frame, you may seek actual damages that you lost.
  • Copyright registration will identify each public record of its existence. This action puts the copyright protection into public notice for the piece of work that you’ve created and/or own.

What Is a Trademark?

A trademark is a word, symbol, design, or phrase that distinguishes you from another company. Service marks are a type of trademark that a company will use when providing services to the public. Technically, trademarks are a form of intellectual property. It also forms part of the company’s brand, even if they no longer use it.

Here are some of the components that established New Orleans, LA business people and brand owners often trademark:

  • Logos
  • Symbols
  • Product packages
  • Name of the business
  • Name of the product or service
  • Designs

Each trademark and copyright application that is filed by a New Orleans resident must be submitted to the Louisiana Secretary of State. This can be achieved by filing your application in person, or electronically online. You’ll be required to include samples of your trademark that have been used by your business. These samples can include business cards, letterhead, and advertisements. You’ll also need to submit detailed drawings of the mark, as well as any wording or sentences that may accompany the mark.

How Long Does It Take to Register a Trademark and Copyright?

SecureYourTrademark states that, in general, the trademark process in New Orleans can take as long as 18 months. The breakdown of the process entails:

  • USPTO application review- 4-6 months
  • Responding to any necessary Office Action- 6 months
  • Publication: 3 months
  • Certificate of Registration: 2-3 months

Still, having these protections for your trademark is incredibly beneficial. Fox News 8 reports that Tropical Isle on Bourbon Street successfully sued an Illinois restaurant that was New Orleans themed. The Illinois based restaurant was selling items, such as their trademarked drink Hand Grenade. Tropical Isle has also offered a $250 reward for anyone that reports another restaurant selling their trademarked products.

What’s the Difference Between a Trademark and a Copyright?

The value of your New Orleans, LA business depends on the assets it owns. It’s important to note that the most valuable assets are not always physical or financial. Your intellectual property counts as assets too. Due to this, if people use those assets without your permission, you can file a lawsuit for infringement.

While trademarks and copyrights protect intellectual property, they cover two different aspects. Copyright registration protects artistic and literary works, such as videos and books. A trademark registration protects brand components. This can be a jingle, a logo, or a mascot of your organization.

Take, for example, if you own a magazine publishing company. You would trademark the logo and the name of your company. However, you would also place copyright protection on all the magazines that you have published.

Work With an Experienced New Orleans, Louisiana Copyright Lawyer

Do you have an idea that needs protection under intellectual property law? If so, complete the registration process as soon as possible. There is always the risk that someone else might beat you to it. This eventuality can create complications when the time comes to defend IP rights claims.

An experienced New Orleans, LA copyright lawyer can help you uncover if anyone else has registered a similar idea. If your concept closely resembles another, it might get rejected. Consequently, it is better to find this early than to go through the process only to get denied later. In addition, an intellectual property lawyer will help you to draft critical documents. Or, they can determine the value of the intellectual property that you own.

An intellectual property lawyer also assesses the quality of the assets. They will also look at the number of assets licensed under your name or your business in New Orleans, LA. This evaluation can help to maximize the entire value of all intangible assets that your company has.

Are you ready to tap into our network of New Orleans copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across Louisiana state lines. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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