Padmanabhan & Dawson, PLLC Padmanabhan & Dawson, PLLC 2026-06-04T11:10:46Z https://www.paddalawgroup.com/feed/atom/ WordPress /wp-content/uploads/sites/1503122/2021/08/cropped-fav-icon-32x32.png On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Does your Minneapolis company have any trade secrets to protect?]]> https://www.paddalawgroup.com/?p=47328 2022-01-12T20:41:32Z 2022-01-12T20:41:32Z What exactly are trade secrets? They can be anything from patterns to recipe ingredients. For example, KFC would probably enjoy much less global success without its world-famous secret recipe. Below are eight more examples of company or business secrets that need protection.
  1. Compilations of information or data (books, source code, etc.)
  2. Computer programs or scripts
  3. Methods of manufacturing
  4. Company designs, databases, blueprints, etc.
  5. Methods or techniques for processing materials
  6. Business plans and market research
  7. Formulas for products (cleaning, beauty, etc.)
  8. Company manuals and policy handbooks
Should someone steal your trade secrets, you can seek a legal solution if the property is:
  1. For business purposes only
  2. Not generally known to others
  3. Valuable or potentially valuable to the company
  4. Kept reasonably safe from theft
If an ex-employee or someone from a competing company steals your company secrets, intellectual property litigation can help you find justice. It will also send a signal to your staff and your competition that you are prepared to fight for what legally belongs to your company. The statutes that govern and help businesses protect their ideas and property are complicated. Increasing your knowledge of intellectual property laws empowers you to keep your business assets safe.]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Protecting your trade secret in court if you sue over its theft]]> https://www.paddalawgroup.com/?p=47326 2022-01-04T14:48:23Z 2022-01-04T14:48:23Z identify the secret with “reasonable particularity.” However, plaintiffs can seek to protect the information that they’re claiming is a trade secret. Courts will typically assist them in doing that.

Steps a Minnesota court can take

Under Minnesota law, “a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.” Defendants and their attorneys must be made aware of what the information is that the plaintiff is claiming as a trade secret in order to present their side of the case. It could be that the information wasn’t properly designated as a trade secret, that it didn’t have the value that a trade secret by definition has or that their actions didn’t cause harm to the plaintiff. The best way to protect a trade secret is to have a thorough protection plan in place from the beginning. A trade secret can be a formula, program, process, technique, recipe or other information that is valuable because your competitors don’t have it. However, if you find yourself needing to take legal action against someone who has misappropriated it, it’s crucial to continue to protect that information – if it’s still a trade secret – as you go to court.]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Someone is using my patent. Now what?]]> https://www.paddalawgroup.com/?p=47054 2021-12-11T00:01:57Z 2021-12-11T00:00:00Z When you have an excellent idea, you can be sure there will be others looking for ways to copy it. Some might take inspiration from it, others might take it and adapt it, others, the lazier, less creative ones, will steal it outright and use it as it is. When it comes to your intellectual property, if you want to protect it, you need to be proactive. Putting patents in place in one such form. Yet, despite that patent, you should still expect others to try and steal it and be looking out for anyone who does. If you think someone has used your design, then what?

Did they breach your patent?

The first thing to do is check to make sure that you actually patented your product. If you have only ever taken out one patent, then you probably know, but if you are part of a bigger team, constantly coming up with designs, some of which you patent and some of which you do not, it is easy to get confused about what is and is not protected. Or perhaps you patented an earlier version of a product, and what the other company has copied relates more to a later iteration. Is that covered?

Was it intentional?

Have you ever been in a room with someone and you both say the same thing at the same time? We do not live in isolation, so if you had an idea for something, it is entirely possible someone else had the same or a similar idea without ever having met you or knowing you had thought of it.

What harm have they done you?

Has someone taken your toy idea and mass-produced it in time for Christmas, selling millions? Or have they used it in a minor way, or are only getting started on their plan to exploit it? 

What solution do you want?

Do you want an apology and for the other party to cease? Or do you want them to pay you a financial penalty? In some cases, you could even decide to co-operate to help your product reach further than you could alone. To understand what you should do, first, you need to understand more about patent law and how it applies to your particular situation. Experienced guidance can help.]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Limitations of patent law]]> https://www.paddalawgroup.com/?p=47047 2021-11-28T17:38:35Z 2021-11-28T17:38:35Z If you discover or invent processes, machines, or other items, you may need to get your work patented. This provides you with the protection you need to be able to stop others from exploiting your work. It’s imperative that you understand a few points about patent law so that you can ensure you’re protecting yourself. One thing that you should know is that not everything can be patented. There are certain restrictions that cover items that can’t be patented. Remember that patent laws in the United States are only valid here. Other countries have different laws governing the issuance of patents.

What types of things won’t receive a patent?

It is possible that a patent application may be denied. For example, anything that is used for atomic energy for weapons or that is only useful in the use of special nuclear material cannot be patented. Things that aren’t useful and those that are a natural process cannot be patented. There are also special rules for anything that’s already been used or known in another country or has been patented in another country. Additionally, there are specific requirements for things that have been published in a printed publication. If the publication was more than one year prior or if something has been used or for sale for more than a year in the United States, a patent may not be possible.  Anyone who’s dealing with inventions, including creating special processes, should find out how the patent law in this country applies to them. Since these patents are not granted automatically, you should ensure that you handle the application process properly. ]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Why are copyright claims so important?]]> https://www.paddalawgroup.com/?p=47043 2021-11-12T18:46:37Z 2021-11-12T18:46:37Z Many works are protected by copyright laws in this country. While some people think that they can use whatever they find online in any manner they desire, that’s not always the case. Instead, authors, painters, illustrators, and others who produce creative works should understand how copyright laws protect them.  These laws are important because they prevent people from being able to use someone else’s creations.  In some cases, copyright protection means that these creative individuals have the ability to earn a living off their craft since their work can’t simply be stolen by others.

When can a copyrighted work be used?

In order to use an original creative work, a person needs to have a licensing agreement with the original creator. In some cases, creators can place their works on the Internet with a predetermined license that enables anyone to use them.  Certain restrictions can apply, such as having to attribute the work to the creator. Some creators choose to provide works without any restrictions. If a person who creates an original work provides a license to a party to use their work, the creator can’t take legal action based on copyright infringement unless the terms of the license weren’t followed.  Anyone whose works have been used without permission in a manner that violates copyright laws should learn about their legal rights. It’s imperative that you take steps to protect what’s rightfully yours. Working with someone who has extensive knowledge of copyright laws is often beneficial since this is a very complex area of the law. ]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[What if someone claims fair use of your intellectual property?]]> https://www.paddalawgroup.com/?p=46950 2021-10-25T16:34:05Z 2021-10-25T16:34:05Z If you feel someone has breached your intellectual property (IP) rights, clarifying whether they have breached fair use rules is crucial. While IP laws can give you a good level of protection, they may not stop others from using your work altogether. If the other party can prove fair use, they may be within their rights.

What does fair use of intellectual property mean?

If you take your case to court, the judge will consider four factors:
  • What is the work in question? For example, you have less right to ownership in terms of written work if you write non-fiction than fiction. The facts already exist so others can access them. Fiction requires more invention on your part.
  • What did the other party use it for? Someone using the works to make money is more likely to breach the copyright than someone using them for educational or non-commercial reasons. For instance, a teacher who takes your book and photocopies pages for a class can probably claim fair use. Someone who takes your book and reprints it to sell has less of a justification.
  • How much did they use it? Someone using your property only once is more likely to succeed in claiming fair use than someone using it repeatedly. Someone using a small piece of your work is more likely to succeed with a fair use defense than someone who copied the entire work.
  • How does their use of it affect you? Have you lost money because they used your intellectual property, or are you likely to? The greater the actual or potential loss, the stronger your case may be. 
If you are unsure whether someone has infringed your IP rights, seek help to assess the situation and understand your options. Disproving a fair use defense will require a thorough understanding of IP laws and the area you work in.  ]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Patent prosecution helps you protect your invention]]> https://www.paddalawgroup.com/?p=46948 2021-10-13T20:59:43Z 2021-10-13T20:59:43Z When you hear the word prosecution, you may think of going to court to hold someone responsible for negative actions or crimes. In the world of intellectual property, it actually means securing your patent to protect your product or invention. Patent prosecution is your legal right to protect your intellectual property, which is extremely important for new inventors and businesses that have intellectual property that could make or break their sales. With the patent prosecution process, you will:
  • Write and file a patent application
  • Develop a property protection strategy
It’s a good idea to work with someone who is familiar with U.S. patent laws. Usually, patent prosecution lawyers will be licensed in law and practice in front of the U.S. patent office, which is unique to this field. 

Why does getting a patent matter?

Getting a patent is one of the best things you can do to protect your property. With a patent, you’ll have the exclusive right to sell your product. You’ll be able to license it out to others and make money off your invention. 

Why is it a good choice to work with a patent prosecution attorney?

The process of getting a patent is not simple. You will need to show that your invention is unique and make sure another similar item has not been patented in the past. You may have to pay fees and go through other parts of the legal process to obtain the protections you’re interested in having for your invention. Good help could make the difference between getting the patent awarded or walking away without one. ]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Has another company begun profiting off your slogan or logo?]]> https://www.paddalawgroup.com/?p=46935 2021-10-01T16:09:53Z 2021-10-01T16:09:53Z How intellectual property protections work As you are likely aware, there are various types of intellectual property rights. There are copyrights, trademarks and trade secrets, all of which protect different types of unique creations or proprietary material. It's best if you take time to register each with the appropriate government office by filling out an application and paying a small fee. You don't lose your right to hold someone who violates your rights accountable if you fail to go through this registration process. You still have a right to put any parties violating your intellectual property rights on notice of their infringement. One of the first steps you should take is to send them a cease-and-desist note. You may elect to move forward in filing a lawsuit only if the other party doesn't stop using your intellectual property. If you find yourself having to resort to this, then you might also be entitled to recoup any profits you have lost due to this impropriety. Take time to learn more about the requirements to safeguard your intellectual property rights before determining how you should proceed in your infringement case.]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Quibi and Eko settle their ongoing intellectual property battle]]> https://www.paddalawgroup.com/?p=46811 2021-09-16T21:31:01Z 2021-09-16T21:31:01Z What is Turnstyle video tech and why is it important? Turnstyle does one small but critical thing: It detects which way a user is holding their phone so that the video they are playing automatically comes up in either portrait or landscape mode. Quibi claimed to have developed the technology on its own. Before Quibi even launched, however, the folks at Eko fired back, claiming that Quibi had lifted the technology they invented and infringed upon their patent. This almost immediately resulted in a high-stakes lawsuit. After months of negotiations, Quibi agreed to surrender the Turnstyle intellectual property (IP) to Eko, and Eko agreed to dismiss their suit against Quibi. It’s likely that there is more to the agreement, but that’s all that the companies are publicly revealing. Why was it so important for Eko to assert its IP rights against a defunct company? In the words of Eko’s Founder and CEO, “This result will help ensure that Eko remains the undisputed leader in interactive storytelling technology.”

Your IP is worth protecting

It’s often a battle to get a great idea properly protected in time to keep someone else from getting there first. Whatever your industry, your IP is the most valuable thing you possess, so you need to stay on guard against infringements.]]> On Behalf of Padmanabhan & Dawson, PLLC <![CDATA[Guard your business with intellectual property protections]]> https://www.paddalawgroup.com/?p=46698 2021-09-02T16:41:30Z 2021-09-02T16:41:30Z Counterfeit goods are bad for business, which is why you should understand your intellectual property (IP) rights. You should also take time to understand how to put a stop to others using your intellectual property to make money off your hard work and effort.  The government recognizes that counterfeiting and pirating goods threaten the economy by making it harder for businesses to compete. These issues impact the health and safety of individuals in some cases and may negatively impact U.S. workers. When someone steals intellectual property, they hurt American innovation. 

How can you protect your intellectual property?

To protect your intellectual property, you need to start with identifying what it is that you want to guard against others' use. You'll then want to register your rights to it. For example, you may be able to copyright a logo, software or book series. You could seek a patent for a new invention or take other steps to safeguard your trade secrets. Recognize that your IP is only protected where you’ve registered it. It's unlikely that your patent, trademark or copyright will protect your rights in a foreign country if you register the IP in the United States. This is why so many counterfeit goods come from other countries despite businesses taking steps to protect their property in the U.S. 

Securing IP rights can protect your business 

Filing for intellectual property protection should always be your first step. What you need to do to assert your intellectual property rights varies by the property you want to protect. You may be able to prevent counterfeiting and other issues that could harm your business by taking steps to protect our intellectual property before you release it or use it in public.   ]]>