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.
Frequently Asked Questions About Trademarks
Protecting your trademark is crucial for maintaining the integrity and value of your brand. Below are some common questions about trademarks and how to safeguard your rights.
How do I register a trademark?
Registering a trademark involves filing an application with the United States Patent and Trademark Office (USPTO). The process begins with a comprehensive search to help ensure that your desired mark isn’t already in use. Gherman Legal, PLLC, can guide you through the application process, which includes providing a detailed description of your mark and the goods or services it will represent. Once your application is submitted, the USPTO will review it and may issue an approval or request additional information.
How long does trademark protection last?
Once registered, a trademark can last indefinitely as long as it is maintained. Initial trademark registration lasts for 10 years. However, you must file a maintenance document, known as a Declaration of Use, between the fifth and sixth year after registration to confirm that the trademark is still in use. To keep the registration active beyond the initial 10 years, you must renew it before the end of each 10-year period.
What is the difference between a trademark and a service mark?
Both trademarks and service marks protect intellectual property, but they serve different purposes. A trademark is used to protect brand names, logos and taglines associated with goods. On the other hand, a service mark is specifically used for brand names, logos and taglines associated with services rather than physical products.
How do I enforce my trademark rights against infringement?
Enforcing your trademark rights requires vigilance and prompt action. If you suspect someone is infringing on your trademark, Gherman Legal, PLLC, can assist you in taking steps to prove the infringement and protect your brand. This could involve sending a cease and desist letter, seeking an injunction or pursuing legal action for damages.
What are the consequences of trademark infringement?
Trademark infringement can result in significant legal penalties for the infringer. Consequences may include court-ordered injunctions, which prevent further use of the infringing mark and monetary damages for lost profits.
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.