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Is a Hattiesburg patent case heard in state or federal court?
A claim for patent infringement can be filed only in federal court, not a state court (28 U.S.C. 1338(a)), and federal venue rules decide which district hears a particular patent case. Forrest County is in the Eastern Division of the United States District Court for the Southern District of Mississippi, and that division holds court in Hattiesburg at the William M. Colmer Federal Building and United States Courthouse, 701 North Main Street, Suite 200, Hattiesburg, MS 39401. Forrest and Lamar counties are among the 12 counties the court lists in that division, and an attorney should confirm the division for your matter.
What can I register with Mississippi, and what only federal registration covers?
A trademark can be registered with the Mississippi Secretary of State, but that registration gives rights under state registration only, and federal registration under 15 U.S.C. 1051 is a separate step; the Mississippi overview has the statewide view. The Secretary of State’s Business Services and External Affairs office handles business entity and trademark filings.
Who near Hattiesburg supports inventors and founders?
The University of Southern Mississippi’s Innovation and Commercialization Park and Accelerator sits on university property around Lake Sehoy, and the university has its Hattiesburg campus at 118 College Drive. The Accelerator is a 60,000 square foot facility with private offices and laboratories, and it offers testing, validation and pilot production capabilities. The Accelerator describes these services for its clients, so ask it directly who can use them.
The University of Southern Mississippi Libraries describe patent and trademark search help on their Patent and Trademark Resource Center page, with representatives in Hattiesburg and Long Beach who meet by appointment, in person or online. The page lists orientations, demonstration searches and workshops on basic patent and trademark searching, and it refers patent application questions to the university’s Office of Innovation Management. Librarians cannot give legal advice or run a search for you, so bring what you find to an attorney.
Protecting your work in Hattiesburg? Get matched with an attorney now.
Can a former employer enforce a noncompete in Mississippi?
In Kennedy v. Metropolitan Life Insurance Co., 759 So. 2d 362 (Miss. 2000), the Mississippi Supreme Court said that whether a noncompete can be enforced depends largely on how reasonable and specific its terms are, mainly how long the restriction lasts and how far its geographic scope reaches. An attorney should read the actual agreement and confirm the current rule.
How long do I have to act?
Federal time limits are set by statute. For patents, the statute limits how far back damages reach rather than setting a deadline to sue: damages cannot be recovered for infringement committed more than six years before the complaint is filed (35 U.S.C. 286). A civil copyright claim must be brought within three years after it accrued (17 U.S.C. 507(b)). A United States work generally must be registered, or refused registration by the Copyright Office, before an infringement suit can be filed (17 U.S.C. 411(a)). A trade secret claim under Mississippi’s Uniform Trade Secrets Act must be brought within three years after the misappropriation is discovered or, with reasonable diligence, should have been discovered (Miss. Code Ann. 75-26-13), and a lawyer can tell you when your own clock started.
What should I gather before I speak with a lawyer?
- The dates you first created or used the work, name or invention, and any dates you learned of the other party’s use.
- Any registration certificate, application number or renewal notice for a Mississippi trademark.
- The filing papers from the Secretary of State if the business is an LLC or corporation.
- Any noncompete, confidentiality or employment agreement you signed, with its date.
Was your work copied or your brand used without permission? Talk to an attorney in Forrest and Lamar counties.
Frequently Asked Questions
Which federal court division covers Hattiesburg?
Forrest County is in the Eastern Division of the United States District Court for the Southern District of Mississippi. That division holds court in Hattiesburg at the William M. Colmer Federal Building and United States Courthouse, 701 North Main Street, Suite 200, Hattiesburg, MS 39401, and Forrest and Lamar counties are among the 12 counties the court lists in it. Federal venue rules decide whether a particular dispute belongs in that court, so an attorney should confirm the court and the division for your matter.
What is the Innovation and Commercialization Park and Accelerator at the University of Southern Mississippi?
The Accelerator is part of the University of Southern Mississippi’s Innovation and Commercialization Park, on university property around Lake Sehoy. It lists a 60,000 square foot building with private offices, laboratories, and testing, validation and pilot production capabilities. Ask the Accelerator who can use these services.
Can the University of Southern Mississippi Libraries help me search for patents and trademarks?
For searching help, yes: the Libraries’ Patent and Trademark Resource Center page describes appointments in person or online with representatives in Hattiesburg and Long Beach, plus orientations, demonstration searches and workshops. The librarians cannot give legal advice or run a search for you, so take what you find to an attorney.
Where does the University of Southern Mississippi refer patent application questions?
The University of Southern Mississippi Libraries’ Patent and Trademark Resource Center page refers patent application questions to the university’s Office of Innovation Management. If the invention came out of a job or research at the university, ask an attorney who owns it before you file.
How do Mississippi courts decide whether a noncompete can be enforced?
The Mississippi Supreme Court said in Kennedy v. Metropolitan Life Insurance Co., 759 So. 2d 362 (Miss. 2000), that enforceability depends largely on how reasonable and specific the terms are, mainly the length of the restriction and its geographic reach. An attorney should read the actual agreement and confirm the current rule.
Do I have to register a copyright before I sue, and how long do I have?
For a United States work, registration or refusal of registration is generally required before filing an infringement lawsuit, subject to statutory exceptions such as qualifying preregistration (17 U.S.C. 411(a)). A civil copyright claim must be brought within three years after it accrued (17 U.S.C. 507(b)).
Where to go from here
Readers closer to Laurel, Magee or Mendenhall can read the page written for their town, injury claims are covered on the Hattiesburg personal injury page, and the national page, intellectual property attorneys across the country, covers other states. If you want to talk through your situation, you can get matched with an intellectual property attorney using the form at the top of this page.
