Protect Against Theft Of Your Intellectual Property
For musicians, original works and creative collaborations can be an important source of revenue. For athletes, their name, image and likeness can be commodified. For software developers and technology wizards, their innovations can pay dividends for many years. But the ability to capitalize on intellectual property hinges on owning the rights and insulating it against others who would exploit for their own gain.
Gherman Legal provides counsel and representation in intellectual property law to entrepreneurs, businesses and individuals throughout Miami and South Florida. Sergiu Gherman is a classically trained pianist, a doctor of musical arts and an avid triathlete. He assists with trademark and copyright protection in the sports industry and helps musicians, composers, performers and producers establish music copyrights and fight infringement of their works.
Trademark Law
Mr. Gherman defends against and prosecutes trademark infringement actions in state and federal courts of Florida and beyond. Trademark is a form of intellectual property protecting brand names, taglines and logos used on goods and services. Logos are design marks while plain text names and taglines are considered word marks. Registering trademarks for a brand gives you the exclusive rights to conduct business under a brand name in a particular class of goods.
Sergiu can assist clients with the formal process of registering trademarks through the United States Patent and Trademark Office (USPTO). Where he really shines is in helping clients defend their trademarks and trade dress from predators and imitators who are shamelessly (or inadvertently) infringing on their distinctive creations. Whether in the form of a cease-and-desist letter, an injunction against the offending party or a lawsuit for damages, he will vigorously and skillfully enforce your intellectual property.
Copyright Law
Gherman Legal defends against and prosecute copyright infringement actions in court. Copyright law covers creative works such as songs, novels, movies, computer software, poetry and architecture. Copyright law covers even mundane advertisements, but broad ideas and slogans are not subject to copyright.
Original music is subject of copyright protection, but the very nature the notion of “sound” is abstract and subjective. The copyright law developed certain definable, if not definite, criteria to determine if a defendant copied plaintiff’s work. Therefore, to defy the subjectivity inherent to the aural perception, one must make a side-by-side comparison of plaintiff’s and defendant’s works through dissection and side-by-side comparison under “substantial similarity” test.
There is a great deal of nuance and gray area in copyright law. Copyrightable material often contains uncopyrightable elements within it; but the fact that portions of a book may consist of uncopyrightable material does not take the work as a whole outside the subject matter of the copyright act. It is important to work with attorney who is versed in the fine distinctions of copyright law. Sergiu can help clients establish copyrights, manage their IP portfolios and forcefully defend against copyright infringement. He handles all types of copyright, but has a special fondness for and familiarly with music copyrights because of his extensive musical background.
Why Choose Gherman Legal?
Attorney Gherman is a Miami-based practitioner with a track record spanning back to 2006, representing domestic and international clients across trade and service industries. He combines legal skill with cutting-edge technology for optimal results and his firm adheres to conservative billing practices to provide cost-conscious IP protection.
The firm is located in downtown Miami and serves a wide range of clients across South Florida. To arrange a consultation with Sergiu about his credentials in intellectual property law and infringement litigation, fill out the email form or call today at 305-390-1945.