My contact, Danielle C. Miller ESQ, of the Sylvester & Polednak LTD law firm. She attended the University of Colorado 1997-2001, then graduated from The University of Nebraska's Law School in 2004. Danielle graduated with a Juris Doctorate. She was very helpful with my questions. I recorded the conversation and also took notes. These are the answers to those questions.
If an interior designer specs out a specific piece of furniture or flooring, and the item injures someone. Can he or she be held liable? Yes, It is called "duty breech causation & damages". Although, For the interior designer to be liable, he would have to have foreseen the injury, that is, have been aware of the likelihood of an accident and disregarded such likelihood.
Are there specialized courts in the United States that hear intellectual property claims?
No, The US does not have courts that are exclusively dedicated to hearing intellectual property matters. Claims are usually brought in federal district court to be presided over by that court's judge.
Do you recommend I personally contact a company that I suspect has stolen my idea?
Yes, in the interest to save my clients money I suggest that they make a good faith effort to solve the problem on their own first, if this doesn't work it easy enough for me to draw up a letter and send. Usually this is all it takes.
Is Nevada an right to work state? If so, do you agree with an employee signing a non-compete agreements? Yes, Nevada is an "employment at will" state. The employer can fire whoever they want, when they want, for whatever reason they want. The only exception is if they are fired for a discriminatory purpose. A employee should only sign a non-compete clause if they will receive some sort of compensation in return, for example however long the amount of time that you agree to not go work for a competitor you receive an agreed upon amount for that period of time.
In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit? The answer is not a percentage, the test is either “substantially similar” or “derived from.”
If I propose a design for a potential client and they refuse the design but use it regardless what can I do? You can sew, but first I suggest having a lawyer draw up a demand letter giving a brief outline of what design is being used without permission or compensation. The use of your design is infringing on your copyrighted work.
How do I best protect myself from someone else stealing my artwork/design or intellectual property? “Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection.” (Patent, Copyright and Trademark NOLO 11th ED. pg. 4.) Copyrighting any artwork or design is the best way to do this, but you can't copyright everything. Part of the problem is that designers, artists, architects pull inspiration from other works they have seen so not all of your ideas can be fully protected.
What is the first step someone should take if or when they find someone else using their intellectual property without permission? “Once a copyright owner suspects infringement, the owner may file a lawsuit against the infringer for damages in federal court, provided that the copyright has been registered with the U.S. Copyright Office.” (Patent, Copyright and Trademark NOLO 11th ED. pg 235.) The first step is to contact them directly, if that doesn't work an attorney can draw up a demand letter. we can do a demand letter in my office for around $100. For these types of cases lawyers don't normally need a retainer.
When is it necessary to trademark intellectual property? You may apply for registration of a trademark after you use a mark on a product in a promotion of a service performed in advertising or sale to customers.
Is it better to use a template or have a lawyer draft an original contract for my design? An original contract is always better, this way you can tailor it to what your exact needs are.
