There is no denying the popularity of online shopping. Many in New York may have already started their holiday shopping online expecting to find some bargains. However, a new study recently revealed that more than half of the websites to which search engines lead consumers are selling counterfeit products, many of which are of poor quality. Not only does this place consumers at risk, but it may also lead to trademark or intellectual property litigation from those who created the original product.
New York is one of the most attractive places for artists. Visual artists often find inspiration in the people, the scenery and the creative atmosphere. Unfortunately, with more people having access to the work of artists through digital means, more artists are finding themselves struggling to protect their rights to use and control their own works. When others fail to respect the rights of artists, it often leads to intellectual property litigation.
The works of art created by artists of all mediums are often precious to them. When the artist chooses to sell his or her work, fair compensation is considered a given. Unfortunately, artists are not always paid properly, with many not receiving royalties to which they are entitled and necessitating intellectual property litigation. One long-running case concerns a beloved Pop art sculptor, Robert Indiana, who created the famed "Love" sculpture here in New York and passed away last year. The fight over the rights to his pieces is still going on.
Protecting what is lawfully one's own property is important, especially to companies. Unfortunately, it is not unusual for companies to face issues with outside parties that result in intellectual property being threatened. If another person or entity commits copyright violations, the negatively affected companies may need to move forward with litigation.
Owning the rights to a particular work often means that individuals can profit from the work and also have protection from others' unauthorized use of the work. Of course, there are many instances in which violations can occur, and intellectual property litigation could be a result. Filing legal claims could help rights holders enforce protections.
Artists, songwriters, writers, photographers and others often have a hard time convincing the public that their creations are not free for anyone to use. Even when they sign a contract permitting the use of a work of art, the other party may take advantage of the permission. One New York photographer has turned to intellectual property litigation after an advertising agency allegedly stepped outside the boundaries of their contractual agreement.
Trade secrets can separate a company from its competitors. This information also falls into the category of intellectual property, and like tangible property, it is important that proprietary information is protected. In most cases, the protections come in the form of contracts restricting the use and disclosure of this information. However, some individuals may break contracts, and intellectual property litigation may result.
Photographers here in New York and elsewhere often get excited about their work. In that excitement, they may post their work for others to see without making sure that they receive the appropriate payment for it. Until recently, they could file for copyright protection and file intellectual property litigation against those who failed to pay for the work.
When people create visual, audible or physical works, they often put a considerable amount of passion into those works. Whether they create something with the intention of later making a profit or whether they just create for the sake of creation, they have a stake in their work. As a result, it is often wise for creators to copyright their work to prevent unauthorized use, but unfortunately, intellectual property litigation could still take place.
It is not unusual for celebrities to post pictures of themselves on their social media pages. In fact, some may plan elaborate photo shoots to get just the right picture to use for self-promotion. At the same time, celebrities are known for disdaining the attention of the paparazzi, who may post unflattering pictures of them. However, one fashion model is facing intellectual property litigation for using a paparazzi photo on her Instagram page without the New York photographer's permission.