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Nelson Cyber Law, PLLC

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Federal Intellectual Property Appeals Attorney

Tampa appeals court attorney

Lawyer Assisting With Appeals Related to Copyright, Trademarks, and Contracts

In today's digital world, intellectual property (IP) is one of the most valuable assets a person or business can own, and infringement on this IP can have major, far-reaching consequences. The ability to mount a legal challenge to this type of infringement is crucial, but courts sometimes make errors when deciding these cases. When appealing a decision in federal court, it is essential to have a skilled attorney on your side who understands the laws and procedures which must be followed.

At Nelson Cyber Law, we offer our clients a rigorous understanding of intellectual property law and the experience they need in federal appeals. Attorney John Nelson brings a tech-savvy perspective to each case, working to ensure that the laws and legal procedures are correctly applied to the abstract IP concepts which clients need to defend.

Successful Federal Appeals

An attorney who is experienced in civil trials will not necessarily have the knowledge and understanding required to successfully appeal an intellectual property decision. In our experience, there are three keys to success in federal appeals cases:

  1. Following the correct procedures - It is incredibly important to follow the rules of appellate procedure. Appeals courts are highly focused on procedure, and failure to follow these rules can result in a failed appeal.
  2. Focusing on the details - A successful appeals case must be very specific and precise about the issues being contested and the case law and appellate law that is being cited. Even small mistakes can derail a case and cause major setbacks.
  3. Patience - Appeals take a great deal of time to resolve. Anyone arguing an appeals case should be prepared to wait at least several months for their case to be heard and for a decision to be made.

Common Issues in Appellate Cases

We have found that the following issues are often encountered in appeals:

  • Copyright - Substantial similarity is often the crux of copyright violation claims. When a person claims that someone violated their copyright, they must show that the alleged violator created something that was substantially similar to their own copyrighted work.
  • Trademarks - Similar to copyright, trademark violation claims often come down to whether a trademark is confusingly similar to an existing trademark. If a reasonable consumer would be confused by the similarity of a company's existing logo to a logo created by someone else, the company may have a basis for their claim that a violation has occurred.
  • Contracts - If a contract case goes to appeal, it is often because the contract contained ambiguous language. If one party believes the contract's language means one thing, and the other party thinks it means something else, the difference between these two interpretations can often mean thousands or even millions of dollars.

Contact a Florida Intellectual Property Appeals Lawyer

Whether you need to stop someone from infringing on your intellectual property or appeal an erroneous court decision, Attorney John Nelson can provide you with the representation you need to protect your business interests. Although no attorney can guarantee results, with John's knowledge of intellectual property law and appellate procedure, you can be sure that you will have the legal advocacy to help you achieve your goals. Contact us today at 1-800-440-5536 to schedule your free 30-minute consultation.

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