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Your Henniker Intellectual Property Attorney
If you are trying to protect an invention, a brand, or a creative work in Henniker, or you have been accused of infringing someone else’s, you probably want plain answers about deadlines, courts, and what each kind of protection covers. Federal statutes set most of them, so many answers can be checked. This page covers the deadlines, the definitions that decide whether something is protected, the federal district court for Merrimack County, and the New Hampshire rules that sit next to the federal ones. An attorney who handles intellectual property matters can tell you which of these rules apply to your situation.
Intellectual Property Rules at a Glance
- 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.
- Trademarks can be registered federally and in New Hampshire. The federal register is set up by 15 U.S.C. 1051, and state registration is filed with the New Hampshire Secretary of State under the Model State Trademark Act, RSA chapter 350-A.
- 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.
- 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)).
- Where is my case filed? Henniker is in the District of New Hampshire, and that court holds court in Concord and Littleton (28 U.S.C. 109).
The Four Main Areas of Intellectual Property Law
Inventions are the domain of patent law. The categories the statute names are processes, machines, manufactures, and compositions of matter (35 U.S.C. 101), and the patent term ends 20 years from the filing date of the application (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.
For creative work, copyright arises in original works of authorship fixed in a tangible medium of expression (17 U.S.C. 102(a)). The limit in 17 U.S.C. 102(b) means the underlying idea or method is not protected even when the way it is expressed is.
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
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.
Trade secrets: a federal action under the Defend Trade Secrets Act may not be commenced later than 3 years after the misappropriation is discovered or, with reasonable diligence, should have been discovered, and a continuing misappropriation counts as a single claim (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.
A New Hampshire state-law claim brings its own deadline and its own accrual rule. Both come from New Hampshire statutes and court decisions and should be reviewed by an attorney at the start of the matter.
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Federal and New Hampshire Trademark Registration
A business planning a brand can file for federal registration based on actual use in commerce (15 U.S.C. 1051(a)(1)) or based on a bona fide intention to use it (15 U.S.C. 1051(b)(1)).
New Hampshire also has its own trademark registration. A state filing is made with the New Hampshire Secretary of State under the Model State Trademark Act, RSA chapter 350-A, is separate from the federal register, and does not replace a federal application.
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 application date controls the length of patent protection, which ends 20 years after filing (35 U.S.C. 154(a)(2)), so planning the filing is part of protecting the invention.
Federal District Courts and Where They Sit
In practice, patent and copyright disputes are filed in federal district court (28 U.S.C. 1338(a)), federal trade secret claims start there as well (18 U.S.C. 1836(c)), and a trademark dispute can be filed in federal or state court.
New Hampshire constitutes one federal judicial district, the District of New Hampshire (28 U.S.C. 109), so a federal case from Henniker is filed there. The court holds court in Concord and Littleton.
Trade Secrets and Trademarks Under New Hampshire 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 Uniform Trade Secrets Act (RSA 350-B:1 to 350-B:9). The state and federal claims are separate.
A state trademark registration in New Hampshire is a different filing from federal registration (15 U.S.C. 1051). It is made with the New Hampshire Secretary of State under the Model State Trademark Act, RSA chapter 350-A.
Choosing between state and federal claims, or bringing both, is something an attorney should decide after reviewing what happened and what proof exists.
What Kinds of Intellectual Property Cases Come Up?
Claims That a Patent Is Being Infringed
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)).
A patent case is filed in federal district court (28 U.S.C. 1338(a)).
Confusing Similarity and Brand Protection
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 state registration in New Hampshire (the Model State Trademark Act, RSA chapter 350-A) is different from federal registration on the principal register (15 U.S.C. 1051).
Copying of Creative Work
Creative disputes involve two threshold points: the work must be an original work of authorship fixed in a tangible medium (17 U.S.C. 102(a)), and the claim cannot rest on an idea or system (17 U.S.C. 102(b)).
Federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
Trade Secret Misappropriation
A federal trade secret claim requires a trade secret related to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)), and the information must meet the definition of a trade secret in 18 U.S.C. 1839(3): reasonable secrecy measures and independent economic value.
Federal district courts have original jurisdiction over these actions (18 U.S.C. 1836(c)).
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).
The trademark remedies are set out in 15 U.S.C. 1116(a), which gives courts the power to grant injunctions, and 15 U.S.C. 1117(a), which lets a plaintiff recover defendant’s profits, damages, and costs once a violation is established.
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)).
The registration date can decide whether statutory damages and attorney’s fees are available at all. Section 412 of the copyright statute bars them for infringement commenced before registration, subject to a three-month window after first publication.
Relief under 18 U.S.C. 1836(b)(3) includes an injunction, compensatory damages or a reasonable royalty, exemplary damages of up to 2 times for willful and malicious misappropriation, and reasonable attorney’s fees to the prevailing party when the statute’s conditions are met.
Have questions about a patent, trademark, copyright, or trade secret? Connect with an attorney.
Getting Your Records in Order
An attorney will usually begin with dates: creation, first disclosure, first use in commerce, first publication, and discovery of the problem. Gathering them ahead of time saves a first meeting for the questions that matter.
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.
Copyright matters call for the original work, dated versions, registration papers, and side-by-side examples of the copying. Trade secret matters call for a description of the information, a list of who had access, and the confidentiality measures that existed.
What to Know About Cases From Henniker
If you are protecting or defending intellectual property in Henniker, a case that belongs in federal court is filed in the District of New Hampshire. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above.
If the matter involves a crash, a fall, or another injury, our Henniker personal injury attorney page is the better fit. If your matter involved another town in the area, see our pages for Concord, Goffstown, and Stoddard. You can browse every New Hampshire city we cover in our New Hampshire intellectual property attorney directory.
Frequently Asked Questions
How far back can I recover damages for patent infringement?
Six years before the complaint. No recovery may be had for infringement committed more than six years before the filing of the complaint (35 U.S.C. 286).
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 is a trade secret?
Information the owner has taken reasonable measures to keep secret and that derives independent economic value from not being generally known to, and not being readily ascertainable through proper means by, another person (18 U.S.C. 1839(3)).
Where does the federal court for Henniker hold court?
The District of New Hampshire holds court in Concord and Littleton (28 U.S.C. 109).
Can I bring both federal and New Hampshire claims?
Often yes. A dispute can involve federal claims, such as under 15 U.S.C. 1114 or 18 U.S.C. 1836, and state-law claims under New Hampshire law. An attorney can advise which to bring.
When does the trade secret clock start?
From the date the misappropriation is discovered or, by reasonable diligence, should have been discovered (18 U.S.C. 1836(d)).
Can I protect a logo or slogan?
A word, name, symbol, or device used to identify and distinguish goods or services and indicate their source can be a trademark or service mark (15 U.S.C. 1127).
Talk to an Attorney About Your Henniker Matter
An intellectual property matter is easier to handle with someone reading the documents alongside you. Submit the form to be connected with an attorney who can go over your work, the deadlines, and the court for Merrimack County.
