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Your Naalehu Intellectual Property Attorney
Ideas, brands, and creative work are only as protected as the steps taken to secure them and the speed of the response when someone copies them. If your business or work is based in Naalehu, the federal and Hawaii rules on patents, trademarks, copyrights, and trade secrets are written down, and knowing them early helps. The sections that follow cover what patents, trademarks, copyrights, and trade secrets protect, the filing deadlines, registration, the federal courts for Hawaii County, Hawaii’s own trademark and trade secret rules, and what an infringement claim involves. The facts of your situation decide which area of law controls, and an attorney who practices in federal court can sort that out quickly.
Quick Answers on Patents, Trademarks, Copyrights, and Trade Secrets
- Patent claims are filed in federal court only (28 U.S.C. 1338(a)), and the six-year damages limit in 35 U.S.C. 286 makes early action important.
- Trademark claims can go to federal or state court (28 U.S.C. 1338(a)), and Hawaii’s own registration is a separate filing with the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division.
- Copyright lawsuits have a three-year clock from when the claim accrued (17 U.S.C. 507(b)), and a United States work must be registered before an infringement suit can be filed (17 U.S.C. 411(a)).
- Trade secrets get a federal civil action when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)), filed in federal district court (18 U.S.C. 1836(c)).
- Which court? A case from Naalehu that belongs in federal court is filed in the District of Hawaii, which holds court in Honolulu.
The Four Main Areas of Intellectual Property Law
If you have made something new and useful, such as a device, a process, a manufactured article, or a composition, a patent is the tool the statute provides (35 U.S.C. 101). The grant runs from issuance to 20 years after the application was filed (35 U.S.C. 154(a)(2)).
A trademark identifies and distinguishes goods and their source. The statute defines it as any word, name, symbol, or device, or any combination, used by a person, or which a person has a bona fide intention to use in commerce and applies to register, to identify and distinguish that person’s goods from those manufactured or sold by others and to indicate the source (15 U.S.C. 1127). A service mark does the same for services.
Copyright protects expression, not ideas. The subject matter is original works of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and protection does not extend to any idea, procedure, process, system, or method of operation, however it is described (17 U.S.C. 102(b)).
Business and technical information such as plans, formulas, and processes qualifies as a trade secret only if the owner has taken reasonable measures to keep it secret and it derives independent economic value from secrecy (18 U.S.C. 1839(3)).
Filing Deadlines and Damages Limits
Copyright: a civil action must be commenced within three years after the claim accrued (17 U.S.C. 507(b)). Because a United States work must also be registered before an infringement suit can be filed (17 U.S.C. 411(a)), the registration step should not be left until after the dispute begins.
The federal trade secret deadline is set by 18 U.S.C. 1836(d): three years from the date the misappropriation was discovered or by the exercise of reasonable diligence should have been discovered, with continuing misappropriation counted as one claim.
For patent damages, the look-back is six years from the complaint (35 U.S.C. 286), which is separate from the 20-year patent term measured from the filing date (35 U.S.C. 154(a)(2)).
A Hawaii state-law claim brings its own deadline and its own accrual rule. Both come from Hawaii statutes and court decisions and should be reviewed by an attorney at the start of the matter.
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Federal and Hawaii Trademark Registration
The Lanham Act sets two routes to the principal register: use in commerce (15 U.S.C. 1051(a)(1)) and a bona fide intention to use (15 U.S.C. 1051(b)(1)). Each requires an application, a verified statement, and the prescribed fee.
Federal registration is not the only route. Hawaii’s trademark registration provisions, HRS chapter 482, provide for a state filing with the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division that operates separately from the federal register.
Registering a copyright before there is a dispute avoids a delay later. The statute says no civil action for infringement of the copyright in a United States work may be instituted until preregistration or registration has been made (17 U.S.C. 411(a)).
The filing date is what starts the patent clock (35 U.S.C. 154(a)(2)), so the timing of an application matters. An attorney can advise whether the invention fits the categories in 35 U.S.C. 101.
Where an Intellectual Property Case From Naalehu Is Filed
The choice of court depends on the type of claim. Patent and copyright cases can only be filed in federal district court (28 U.S.C. 1338(a)), a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)), and trademark claims can go to federal or state court.
There is only one federal district in Hawaii. The District of Hawaii hears federal cases from Hawaii County and holds court in Honolulu (28 U.S.C. 91).
Hawaii Law Alongside Federal Law
Owners of confidential information in Naalehu can look to two sources: the Uniform Trade Secrets Act (HRS chapter 482B) and the federal action in 18 U.S.C. 1836(b), which requires a connection to interstate or foreign commerce and has its own three-year deadline (18 U.S.C. 1836(d)).
Federal trademark law under 15 U.S.C. 1114 and 1125 sits alongside Hawaii’s registration system, which runs through the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division under HRS chapter 482. The two operate separately.
Whether to plead federal claims, state claims, or both turns on the facts, and an initial conversation with an attorney is the way to sort that out.
Common Intellectual Property Claims
Patent Disputes
Infringement occurs when someone, without authority, makes, uses, offers to sell, or sells any patented invention within the United States, or imports a patented invention into the United States, during the term of the patent (35 U.S.C. 271(a)).
Because the six-year damages limit in 35 U.S.C. 286 runs back from the complaint, delay can reduce what is recoverable.
Trademark and Unfair Competition Claims
Even without registration, the Lanham Act allows a civil action against anyone who uses in commerce a word, term, name, symbol, or device likely to cause confusion or deceive about affiliation, connection, or origin (15 U.S.C. 1125(a)(1)), brought by a person who believes he or she is or is likely to be damaged.
A person who believes he or she is or is likely to be damaged can bring the civil action under 15 U.S.C. 1125(a)(1).
Copying of Creative Work
A copyright claim starts with an original work of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and it is limited to expression: the idea, procedure, process, system, or method of operation is not protected (17 U.S.C. 102(b)).
Federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
Confidential Information and Departing Employees
In a trade secret dispute, both sides examine the same two things: the steps the owner took to keep the information secret and the value that comes from its not being generally known or readily ascertainable (18 U.S.C. 1839(3)).
Documents showing who had access, and what confidentiality steps existed, are among the first things to preserve.
Injunctions and Money Damages by Type of Claim
The patent statute provides for damages adequate to compensate for the infringement, not less than a reasonable royalty (35 U.S.C. 284), and for injunctions to prevent the violation of a patent right (35 U.S.C. 283).
For trademark violations, the Lanham Act allows injunctions on terms the court considers reasonable (15 U.S.C. 1116(a)) and allows recovery, subject to equity, of the defendant’s profits, the plaintiff’s damages, and the costs of the action (15 U.S.C. 1117(a)).
Copyright: an infringer is liable for either the copyright owner’s actual damages and any additional profits of the infringer, or statutory damages (17 U.S.C. 504(a)). For statutory damages, the court may award a sum of not less than $750 or more than $30,000 per work as it considers just (17 U.S.C. 504(c)(1)).
Under 17 U.S.C. 412, an owner who registers after an infringement has started may lose access to statutory damages and attorney’s fees for that infringement, unless the work was published and registered within three months of first publication.
The Defend Trade Secrets Act lists the remedies: an injunction, damages for actual loss and unjust enrichment (or a reasonable royalty), exemplary damages of not more than 2 times the damages for willful and malicious misappropriation, and attorney’s fees in the situations the statute names (18 U.S.C. 1836(b)(3)).
Facing an infringement dispute in Naalehu? Find out where your matter stands.
Documents and Dates That Help
Start with the basics: what you created or invented, who was involved, and when each step happened. Dates matter because the deadlines described above run from events such as accrual of a claim, discovery of a misappropriation, or the filing of an application.
Patent matters go faster with drawings, lab notes, patent or application numbers, and a list of who has seen the invention. Trademark matters go faster with the mark itself, samples of its use, and any registration documents.
For a copyright question, bring the work, dated drafts, any registration papers, and examples of the copying. For a trade secret question, bring a description of the information, who had access, and what confidentiality steps were in place, such as agreements and access controls.
What to Know About Cases From Naalehu
The rules on this page are national or statewide, but the practical details are local. For a Naalehu claim that means Hawaii County and the District of Hawaii. Asking an attorney how long cases usually take there helps put the deadlines in context.
Injury claims follow different rules, covered on our Naalehu personal injury attorney page. Our coverage in this part of Hawaii also includes Ocean View, Honaunau, and Volcano. Every Hawaii city we cover is listed on our Hawaii intellectual property attorney page.
Frequently Asked Questions
Where is a patent infringement case filed?
In federal district court. The district courts have original jurisdiction of civil actions arising under patent law, and that jurisdiction is exclusive (28 U.S.C. 1338(a)). For Naalehu, that is the District of Hawaii.
Can I register my business name or logo as a trademark?
A word, name, symbol, or device used to identify and distinguish goods and indicate their source is a trademark (15 U.S.C. 1127), and the owner of a mark used in commerce may request federal registration (15 U.S.C. 1051(a)(1)).
Can I copyright an idea?
No. Copyright never extends to any idea, procedure, process, system, method of operation, concept, principle, or discovery (17 U.S.C. 102(b)). It protects the original expression of an idea.
What do I have to show to protect a trade secret?
The two elements of the definition: that you took reasonable measures to keep the information secret, and that it has independent economic value from not being generally known or readily ascertainable (18 U.S.C. 1839(3)).
Do I have to file in federal court?
For patents and copyrights, yes: the federal jurisdiction is exclusive (28 U.S.C. 1338(a)). Trademark claims may also be brought in state court, and a federal trade secret action is filed in federal district court (18 U.S.C. 1836(c)).
Does Hawaii law protect trade secrets?
Yes. Hawaii has the Uniform Trade Secrets Act (HRS chapter 482B), and the federal Defend Trade Secrets Act (18 U.S.C. 1836) adds a separate federal action.
Is there a deadline to sue for patent infringement?
Patent damages reach back six years before the complaint (35 U.S.C. 286), so delay can reduce recovery even while the patent is in force.
What should I do if someone copies my work?
Note the dates, keep copies, and speak with an attorney early, since deadlines such as three years for copyright (17 U.S.C. 507(b)) and six years of look-back for patent damages (35 U.S.C. 286) run from the events.
Connect With a Naalehu Intellectual Property Attorney
If you are unsure where to start, the form above is the simplest first step. It connects you with an attorney who can explain your options in Naalehu and what the next few weeks may involve.
