Q: How do I file for theft of intellectual property
In genera, the kind of suit you would file depends upon the kind of intellectual property that was infringed. For example, a suit for copyright infringement is federal subject matter and generally must be filed in federal court after the copyright has been registered. Patent infringement is also a federal subject and would be brought in federal court.
Trademarks are a little different, because they have both federal and state-level protection. An attorney can review your trade name or trademark and advise you on whether a federal or state court case would be best suited to the mark.
Finally, there are some forms of intellectual property (IP) such as trade secrets that are typically brought in state courts if both parties are in the same state. However, in any of these cases a legal situation called "diversity jurisdiction" may allow filing in federal court even for state-level subject matter.
Which avenue you choose to pursue depends upon the kind of IP that was stolen or infringed and the kinds of protection you have secured on that IP (such as a registered trademark or copyright).
Because each person or company's situation may be different, you should consult with an attorney for answers about your specific case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.