Intellectual Property

Intellectual property law helps protect valuable ideas and creative work. This can include inventions, books, music, artwork, logos, business secrets, and other original creations. Whether you are an artist, inventor, business owner, or entrepreneur in New York City, intellectual property rights can help protect your work from being copied or used without permission. 

What Is Intellectual Property Law? 

Intellectual property law protects the kind of property that results from the efforts of using your mind and your thoughts, such as songs, inventions, literature, and advertising slogans. Since it is created out of your intellectual activity, it is called intellectual property. 

What Are the Different Types of Intellectual Property? 

There are generally four categories of intellectual property: copyright, trademark, patent, and trade secret. Federal law governs copyrights and patents, while state law governs trade secrets. Trademarks are governed by federal  and state law. 

Sometimes, the various intellectual property rights overlap. For instance, computer programs may be protected under copyright law or patent law but may also be a trade secret and have trademark protection for the program’s name.  The recipe for a famous food product may be a trade secret, while the brand name may be a trademark. 

Copyright 

A copyright protects original works of art, literature, movies, music, photographs, and even computer software. You can register your copyright with the United States Copyright Office to obtain certain benefits, but it is not required. Copyright protection automatically exists the moment your work is placed in a fixed form. 

Trademark 

A trademark is a word, name, or symbol used to identify your goods or services, setting them apart and letting the world know you are the source of those goods or services. Although you do not have to register your trademark with the United States Patent and Trademark Office (USPTO), registration provides valuable benefits and protections. Trademark protection exists when you start using your specific mark. 

Patent 

A patent is a grant from the government that permits you to exclude others from making, using, selling, or importing an invention. Only the USPTO can issue a patent. 

Trade Secret 

A trade secret is any valuable information, such as a formula, pattern, or list, used in your business that gives you an advantage over your competitors. You do not register a trade secret. To claim that certain information is a trade secret, you must have made reasonable efforts to protect the secrecy of the information. 

What are the Most Common Intellectual Property Disputes in NYC? 

Intellectual property disputes happen when someone believes their creative work, brand, invention, or confidential business information has been used without permission. These disputes can affect individuals, small businesses, and large companies alike. Lawyers can help protect intellectual property rights by assisting you with properly registering your work and resolve conflicts through negotiation, settlement, or litigation when necessary. 

How the Intellectual Property Process Works in New York 

The intellectual property process usually begins when a person or business creates something valuable, such as an invention, creative work, logo, or trade secret. The next step is to determine what type of intellectual property protection may apply. Depending on the circumstances, you may choose to register a copyright, apply for a patent, register a trademark, or take steps to protect confidential information. 

Once your intellectual property is protected, it is important to monitor how it is used. If another person or business uses your intellectual property without permission, you may need to gather evidence and take action to protect your rights. In some cases, a letter from a lawyer can resolve the issue. 

If the dispute cannot be resolved informally, the matter may proceed through negotiation, mediation, administrative proceedings, or a lawsuit. A lawyer can help you understand your options and guide you through each stage of the process. 

What to Do If Someone Wrongfully Uses Your Intellectual Property? 

If someone wrongfully uses your intellectual property, you can file a lawsuit and ask the court to stop them from using your property. Additionally, you may be able to recover any damages or losses you suffered and may even be able to get some of the profits they made using your intellectual property. 

How Can an Intellectual Property Attorney Help? 

An intellectual property lawyer can help identify the type of protection that best fits your situation. They can explain your rights, assist with registrations, and help you develop strategies to protect valuable creative work, inventions, brands, and trade secrets. 

If someone accuses you of violating intellectual property rights, a lawyer can review the facts and help you respond. They can also help negotiate settlements, draft licensing agreements, and represent you in legal proceedings when necessary. 

Because intellectual property laws can be complex, working with a knowledgeable lawyer can help you avoid costly mistakes and better protect your ideas and business interests. 

Work With a New York City Intellectual Property Attorney 

Your ideas, inventions, creative works, and business information may be among your most valuable assets. Taking the right steps to protect them can help support your future success and prevent costly disputes. 

The New York City Bar Legal Referral Service can connect you with an experienced intellectual property lawyer who can evaluate your situation and discuss your legal options. Contact us today to schedule a consultation and learn how an intellectual property lawyer can help you move forward. 

Legal Editors: Lawrence Goodwin and Dayrel Sewell, July 2016 (updated August 2026)