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Your Seward Intellectual Property Attorney
Finding out that someone is using your invention, your name, or your creative work without permission is unsettling. This page explains the federal and Nebraska rules that most often decide how an intellectual property matter from Seward unfolds. The sections that follow cover what patents, trademarks, copyrights, and trade secrets protect, the filing deadlines, registration, the federal courts for Seward County, Nebraska’s own trademark and trade secret rules, and what an infringement claim involves. Deadlines in intellectual property cases run on fixed dates, so learning them early usually helps more than trying to catch up later.
Intellectual Property Rules at a Glance
- Patents belong in federal court. Federal district courts have original jurisdiction over patent claims (28 U.S.C. 1338(a)), and damages cannot reach back more than six years before the complaint (35 U.S.C. 286).
- Even an unregistered mark can be protected against false designation of origin, through a civil action by anyone who believes they are likely to be damaged (15 U.S.C. 1125(a)(1)).
- How long does a copyright last? For works created on or after January 1, 1978, the life of the author plus 70 years (17 U.S.C. 302(a)), with different counts for joint works and works made for hire.
- Nebraska has its own trade secret statute, the Trade Secrets Act (Neb. Rev. Stat. 87-501 to 87-507), and the federal action in 18 U.S.C. 1836 sits alongside it.
- Where is my case filed? Seward is in the District of Nebraska, and that court holds court in Lincoln, North Platte, and Omaha (28 U.S.C. 107).
Which Type of Protection Fits Your Situation
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 brand is protected as a trademark when it functions to identify and distinguish goods from those of others and to indicate the source of the goods (15 U.S.C. 1127). The same statute defines a service mark for the source of services.
A copyright question begins with whether the work is an original work of authorship fixed in a tangible medium (17 U.S.C. 102(a)) and whether what was copied was expression rather than an idea, system, or method (17 U.S.C. 102(b)).
If the valuable thing is confidential know-how, the question is trade secret. Both elements in 18 U.S.C. 1839(3) must be present: reasonable measures to keep the information secret, and independent economic value from its not being generally known.
Why Timing Matters in Intellectual Property Disputes
The copyright deadline is three years after the claim accrued (17 U.S.C. 507(b)). An owner who has not registered should treat registration as part of the first steps, since no infringement action on a United States work can be instituted before it (17 U.S.C. 411(a)).
Discovery drives the trade secret clock. A civil action under 18 U.S.C. 1836(b) may not be commenced later than three years after the misappropriation is, or by reasonable diligence should be, discovered (18 U.S.C. 1836(d)).
Patents: there is no recovery for infringement committed more than six years before the filing of the complaint or counterclaim for infringement (35 U.S.C. 286). Waiting can therefore shrink the damages available even when the patent itself is still in force.
Claims under Nebraska law carry their own limitation periods and their own rules for when the clock starts, which are different questions from the federal deadlines in this section. Have the dates checked before relying on any of them.
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What to Do Before a Dispute Starts
Registration on the federal principal register begins with an application and verified statement. The statute allows the owner of a mark used in commerce to apply (15 U.S.C. 1051(a)(1)) and separately a person with a bona fide intention to use (15 U.S.C. 1051(b)(1)).
Nebraska also has its own trademark registration. A state filing is made with the Nebraska Secretary of State under the Trademark Registration Act, Neb. Rev. Stat. 87-126 and following sections, is separate from the federal register, and does not replace a federal application.
For copyright, protection attaches to original works fixed in a tangible medium (17 U.S.C. 102(a)), but before an infringement suit on a United States work can be instituted, preregistration or registration of the copyright claim must have been made (17 U.S.C. 411(a)). A work created on or after January 1, 1978 lasts for the life of the author plus 70 years (17 U.S.C. 302(a)).
A patent application starts the 20-year term (35 U.S.C. 154(a)(2)), and the invention must fit a statutory category such as a process, machine, manufacture, or composition of matter (35 U.S.C. 101). An attorney can review both points before you file.
The Federal Court for Seward County
Patent, plant variety protection, and copyright claims belong exclusively in federal court: the district courts have original jurisdiction of any civil action arising under an Act of Congress relating to patents, plant variety protection, copyrights, and trademarks, and no state court may hear the patent, plant variety protection, and copyright claims (28 U.S.C. 1338(a)). Trademark claims may also be brought in state court.
There is only one federal district in Nebraska. The District of Nebraska hears federal cases from Seward County and holds court in Lincoln, North Platte, and Omaha (28 U.S.C. 107).
Trade Secrets and Trademarks Under Nebraska Law
A misappropriated trade secret can support a federal claim under 18 U.S.C. 1836(b) when it is connected to interstate or foreign commerce, and it may also support a claim under the Trade Secrets Act (Neb. Rev. Stat. 87-501 to 87-507). The state and federal claims are separate.
Federal trademark law under 15 U.S.C. 1114 and 1125 sits alongside Nebraska’s registration system, which runs through the Nebraska Secretary of State under the Trademark Registration Act, Neb. Rev. Stat. 87-126 and following sections. The two operate separately.
Choosing between state and federal claims, or bringing both, is something an attorney should decide after reviewing what happened and what proof exists.
The Basics of Each Type of Claim
Claims That a Patent Is Being Infringed
A patent claim asks whether the accused product or process is covered by the patent and whether the accused party acted without authority. The forms of infringement listed in 35 U.S.C. 271(a) are making, using, offering to sell, selling, and importing.
Damages are limited to infringement within the six years before the complaint (35 U.S.C. 286).
Disputes Over Names, Logos, and Brands
For a registered mark, the core question is whether the defendant’s use of a reproduction, copy, counterfeit, or colorable imitation is likely to cause confusion, mistake, or deception in connection with goods or services (15 U.S.C. 1114(1)(a)).
State trademark registration in Nebraska is filed with the Nebraska Secretary of State under the Trademark Registration Act, Neb. Rev. Stat. 87-126 and following sections, separate from the federal statutes.
Copyright Claims
Whether copying is actionable begins with what is protected. Copyright subsists in original works fixed in a tangible medium (17 U.S.C. 102(a)) and does not reach ideas, procedures, processes, systems, or methods of operation (17 U.S.C. 102(b)).
For a United States work, registration must be made before an infringement suit is instituted (17 U.S.C. 411(a)).
Protecting Confidential Business Information
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)).
The Trade Secrets Act (Neb. Rev. Stat. 87-501 to 87-507) may provide state-law claims alongside the federal action, with their own deadlines.
What a Court Can Award or Order
For patents, 35 U.S.C. 284 sets the damages floor at a reasonable royalty and lets the court increase damages up to three times the amount found or assessed, and 35 U.S.C. 283 allows injunctions according to the principles of equity, on terms the court considers reasonable.
In trademark cases, courts have the power to enjoin violations (15 U.S.C. 1116(a)), and a plaintiff who establishes a violation may recover profits, damages, and costs, subject to sections 1111 and 1114 and the principles of equity (15 U.S.C. 1117(a)).
The copyright statute offers two routes to money relief: actual damages and profits (17 U.S.C. 504(b)) or statutory damages of not less than $750 or more than $30,000 for infringements of any one work (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.
Trade secrets: under the federal statute a court may grant an injunction to prevent actual or threatened misappropriation, award damages for actual loss and for unjust enrichment, or impose liability for a reasonable royalty, and if the misappropriation was willful and malicious, award exemplary damages of not more than 2 times the damages awarded, and attorney’s fees in stated circumstances (18 U.S.C. 1836(b)(3)).
Have questions about a patent, trademark, copyright, or trade secret? Connect with an attorney.
Preparing for a First Conversation
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.
Useful patent records include sketches, notebooks, prototypes, and application numbers. Useful trademark records include the logo or name, packaging or signage showing use, and state or federal registration papers.
Bring the original work and dated drafts for a copyright issue, and a description of the information, access records, and confidentiality measures for a trade secret issue.
Local Court Details for Seward
Deadlines and definitions are the same across Nebraska, and the courthouse is not. A federal case from Seward is filed in the District of Nebraska, and getting the timeline for that court from an attorney who practices there is a sound first step.
Hurt in an accident rather than dealing with a patent, trademark, or copyright issue? Read our Seward personal injury page. People in this part of the state also look to our pages for Lincoln, David City, and Waverly. Our Nebraska intellectual property hub brings together the state’s rules and every city page in one place.
Frequently Asked Questions
How long does a patent last?
A patent lasts 20 years from the date the application was filed in the United States (35 U.S.C. 154(a)(2)), so the filing date, not the issue date, sets the end of the term.
What is trademark infringement?
For a registered mark, it is using in commerce a reproduction, counterfeit, copy, or colorable imitation in connection with goods or services where the use is likely to cause confusion, mistake, or deception (15 U.S.C. 1114(1)(a)).
Do I have to register a copyright before I sue?
For a United States work, yes. No civil action for infringement of the copyright may be instituted until preregistration or registration of the copyright claim has been made (17 U.S.C. 411(a)), with a provision for cases where registration was refused.
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)).
Where does the federal court for Seward hold court?
The District of Nebraska holds court in Lincoln, North Platte, and Omaha (28 U.S.C. 107).
Do federal deadlines apply to Nebraska state-law claims?
Not automatically. Nebraska state-law claims have their own limitation periods and accrual rules, set by Nebraska statutes and court decisions, and an attorney should check them.
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.
How do I keep information as a trade secret?
Take reasonable measures to keep it secret, because that is one of the two elements of the definition (18 U.S.C. 1839(3)), and consult an attorney about what measures are reasonable for your business.
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