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Your Valley City Intellectual Property Attorney
Intellectual property law splits into four main areas, patents, trademarks, copyrights, and trade secrets, and each has its own rules on where a case is filed and how long you have. The sections below explain those rules for a matter arising in Valley City. Keep reading for the deadlines, the registration steps for trademarks and copyrights, the court structure for Barnes County, the trade secret rules, and the elements behind the most common infringement claims, citing the statute each time. The facts of your situation decide which area of law controls, and an attorney who practices in federal court can sort that out quickly.
Intellectual Property Rules at a Glance
- A patent case is a federal case. The district courts have original jurisdiction of any civil action arising under an Act of Congress relating to patents (28 U.S.C. 1338(a)), and infringement damages are limited to the six years before the complaint (35 U.S.C. 286).
- Federal trademark registration is available to the owner of a mark used in commerce or to a person with a bona fide intention to use one (15 U.S.C. 1051(a)(1), (b)(1)).
- Three years to bring a copyright claim (17 U.S.C. 507(b)), and federal district courts have original jurisdiction over copyright claims (28 U.S.C. 1338(a)).
- 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 (18 U.S.C. 1839(3)).
- Where is my case filed? Valley City is in the District of North Dakota, and that court holds court in Bismarck, Fargo, Grand Forks, and Minot (28 U.S.C. 114).
Patents, Trademarks, Copyrights, and Trade Secrets Compared
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)).
Names, logos, and slogans that tell customers who is behind a product are trademarks, defined in 15 U.S.C. 1127 as any word, name, symbol, or device used to identify and distinguish a person’s goods and to indicate their source. A service mark does the same job for 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)).
Trade secret protection depends on two things: the owner took reasonable measures to keep the information secret, and the information has independent economic value because it is not generally known or readily ascertainable (18 U.S.C. 1839(3)). Formulas, methods, processes, programs, and codes can all qualify.
How Long Do You Have to Bring a Claim?
Under 17 U.S.C. 507(b), a civil copyright action must be commenced within three years after the claim accrued, and under 17 U.S.C. 411(a) the copyright claim for a United States work must be registered, or registration refused, before that action is instituted.
For a federal trade secret claim, the three years run from discovery of the misappropriation, or from when it should have been discovered by reasonable diligence, and a continuing misappropriation is treated as a single claim (18 U.S.C. 1836(d)).
Six years is the number to know in patent cases: infringement more than six years before the complaint cannot be recovered on (35 U.S.C. 286).
A North Dakota state-law claim brings its own deadline and its own accrual rule. Both come from North Dakota statutes and court decisions and should be reviewed by an attorney at the start of the matter.
Protecting your work in Valley City? Get matched with an attorney now.
Federal and North Dakota Trademark Registration
Federal trademark registration is available both to owners of a mark already used in commerce (15 U.S.C. 1051(a)(1)) and to a person with a bona fide intention, in good faith, to use a mark in commerce (15 U.S.C. 1051(b)(1)), through an application and a verified statement filed with the Patent and Trademark Office.
Federal registration is not the only route. North Dakota’s trademark registration provisions, N.D.C.C. chapter 47-22, provide for a state filing with the North Dakota Secretary of State 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)).
For an invention, the patent term of 20 years runs from the date the application was filed (35 U.S.C. 154(a)(2)), so the timing of an application is worth discussing with a patent attorney.
Federal District Courts and Where They Sit
Federal law fixes the forum for most intellectual property claims: exclusive federal jurisdiction over patents and copyrights (28 U.S.C. 1338(a)), original federal jurisdiction over Defend Trade Secrets Act claims (18 U.S.C. 1836(c)), and concurrent state jurisdiction over trademarks.
The federal court for Valley City is the District of North Dakota, which covers all of North Dakota (28 U.S.C. 114) and holds court in Bismarck, Fargo, Grand Forks, and Minot.
North Dakota Law Alongside Federal Law
The federal civil action for trade secrets (18 U.S.C. 1836(b)(1)) is filed in federal district court (18 U.S.C. 1836(c)), and a dispute from Valley City may also raise a claim under the Uniform Trade Secrets Act (N.D.C.C. chapter 47-25.1). Which claims fit depends on the facts.
A brand owner in Valley City may have state-law options in addition to federal ones. North Dakota’s trademark registration provisions are found in N.D.C.C. chapter 47-22, and the filing office is the North Dakota Secretary of State.
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.
What Kinds of Intellectual Property Cases Come Up?
Patent Claims and Defenses
Patent disputes turn on the patent’s claims and on conduct listed in 35 U.S.C. 271(a), namely making, using, offering to sell, selling, or importing a patented invention without authority.
Both patent owners and people accused of infringing should collect the patent number, product samples, and dates early.
Trademark Infringement and Brand Disputes
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.
State trademark registration in North Dakota is filed with the North Dakota Secretary of State under N.D.C.C. chapter 47-22, separate from the federal statutes.
Copyright Claims
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)).
For a United States work, registration must be made before an infringement suit is instituted (17 U.S.C. 411(a)).
Confidential Information and Departing Employees
The Defend Trade Secrets Act lets the owner of a misappropriated trade secret sue when the secret relates to a product or service in interstate or foreign commerce (18 U.S.C. 1836(b)(1)). Whether the information qualifies depends on the definition in 18 U.S.C. 1839(3).
Documents showing who had access, and what confidentiality steps existed, are among the first things to preserve.
Damages, Injunctions, and Other Relief
In a patent case, the statute directs an award of damages adequate to compensate for the infringement and never less than a reasonable royalty, plus interest and costs, with increases of up to three times possible in the court’s discretion (35 U.S.C. 284). Injunctions are available in accordance with the principles of equity (35 U.S.C. 283).
Trademark: courts can grant injunctions according to the principles of equity to prevent the violation of the rights of a registrant or a violation of section 1125(a), (c), or (d) (15 U.S.C. 1116(a)), and when a violation is established the plaintiff is entitled, subject to the principles of equity, to recover the defendant’s profits, any damages sustained by the plaintiff, and the costs of the action (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)).
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.
For a misappropriated trade secret, 18 U.S.C. 1836(b)(3) authorizes an injunction against actual or threatened misappropriation, damages for actual loss and unjust enrichment or a reasonable royalty, exemplary damages up to 2 times for willful and malicious misappropriation, and reasonable attorney’s fees to the prevailing party in stated situations.
Facing an infringement dispute in Valley City? Find out where your matter stands.
What to Gather Before You Talk to an Attorney
Write down a short timeline before the call: when the work or invention was made, when it was first shown to anyone, and when you learned of the problem. The federal deadlines above are measured from dates like these.
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.
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.
A Note on Valley City and the Federal Court
A matter from Valley City belongs to Barnes County and, when it is a federal case, to the District of North Dakota. Local practice, such as how quickly cases are scheduled and how disputes are handled, shapes how the general rules on this page play out.
Every North Dakota city we cover is listed on our North Dakota intellectual property attorney page. If your matter involved another town in the area, see our pages for Jamestown, Dickey, and Lisbon. For a personal injury rather than an intellectual property question, our Valley City personal injury page explains the North Dakota rules.
Frequently Asked Questions
Can a patent case be brought in North Dakota state court?
No. Patent claims are within the exclusive jurisdiction of the federal district courts (28 U.S.C. 1338(a)), so a case from Valley City is filed in the District of North Dakota.
What is the difference between federal and North Dakota trademark registration?
Federal registration is on the principal register through the Patent and Trademark Office (15 U.S.C. 1051). North Dakota registration is a separate filing made with the North Dakota Secretary of State under N.D.C.C. chapter 47-22, and it does not replace the federal one.
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.
Can I sue in federal court over a stolen trade secret?
Yes, if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce (18 U.S.C. 1836(b)(1)). The federal district courts have original jurisdiction of these actions (18 U.S.C. 1836(c)).
Where does the federal court for Valley City hold court?
The District of North Dakota holds court in Bismarck, Fargo, Grand Forks, and Minot (28 U.S.C. 114).
Does state registration replace federal registration?
No. A state registration, where one is available, is a separate filing from federal registration on the principal register (15 U.S.C. 1051), and each operates on its own.
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 know whether I need a patent, trademark, copyright, or trade secret protection?
It depends on what you are protecting: an invention (35 U.S.C. 101), a name or logo that identifies goods or services (15 U.S.C. 1127), original creative work (17 U.S.C. 102(a)), or confidential information (18 U.S.C. 1839(3)).
Speak With Someone Who Handles Cases Like Yours
The rules on this page are the same statewide, but what they mean for your matter depends on the facts. Use the form to be matched with an attorney who can look at your situation and your dates.
