Spivey Pope Green LLC Attorneys at Law

478.254.8866[email protected]

Explaining Intellectual Property Litigation & How We Can Help

Creating intellectual property is a feat in itself. However, without proper protection, someone might take credit for your ideas, whether intentional or not. At SPGG, we fight hard for you and your creation if intellectual property litigation is necessary.

Call SPGG today at 478-254-8866 for your intellectual property litigation needs!

What is Intellectual Property Litigation?

Intellectual property refers to conceptions of the mind including (but not limited to) designs, products, artistic works, or inventions. Copyrights, patents, and trademarks are three ways to protect your intellectual property from being stolen.

Unfortunately, if intellectual property is unprotected, it may be stolen. Intellectual property litigation is a type of complex business litigation that requires an experienced attorney.

Fortunately, the Constitution is the backbone for the American people’s rights. Article 1, Section 8, Clause 8 is known as the “Copyright Clause.” It states: “The Congress shall have power to promote the progress of science and useful arts, by securing for a limited time to authors and inventors the exclusive right to their respective writings and discoveries…”

This clause, written and implemented in 1787, gives American people rights and ownership to their creations. Today, the SPGG team can fight for you if copyright infringement occurs.

Three Famous Intellectual Property Cases

From Kellogg to Napster, the court has heard thousands of intellectual property cases. However, these three cases are some of the most well-known:

Louis Vuitton Malletier S.A. v. Haute Diggity Dog

In this case, Louis Vuitton filed for copyright infringement against Haute Diggity Dog and its line of parody products (Chewey Vuiton, dog chew toys). The court ruled in favor of Haute Diggity Dog, stating that its products were vastly different from Louis Vuitton, and its product names were a successful use of parody. This case furthered parody as an accepted intellectual property use to deny infringement.

Bratz Dolls v. Barbie

The makers of Barbie (Mattel, Inc.) sued the makers of Bratz Dolls (MGA Entertainment, Inc.), claiming the Bratz look and name were similar to Barbie. The court sided with Mattel, Inc. when it discovered the designer of Bratz Dolls was on Mattel’s payroll while being an MGA Entertainment, Inc. consultant.

Baigent & Leigh v. Random House Group, Ltd.

Famously known as The Da Vinci Code case, authors Baigent and Leigh of Holy Blood, Holy Grail filed a copyright infringement case against Random House Group for publishing Dan Brown’s The Da Vinci Code. The court ruled in favor of Random House Group, claiming that although the two books had similarities, the public research that was made in order to write both books was not copyrighted and therefore copyright infringement did not occur.

Contact us today for your legal needs.