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How intellectual property law shows up in Lancaster
Nutramax Laboratories lists both its veterinary products company and its consumer products company at a 946 Quality Drive, Lancaster address, and its contact page describes trademarked ingredients used in Dasuquin, a product formulated to support a pet’s joint comfort. Lancaster County’s manufacturing page also names Nutramax, described there as a nutraceuticals company, among the county’s manufacturers with 100 or more full time employees.
That county list goes on to name Honeywell (sensing and motion devices), Pattison Sign Group (signs), PCI Group (mission critical documents) and Arcosa Meyer Utility Structures (utility poles), though it does not say which of these plants are inside the City of Lancaster.
A patent claim can be filed only in federal court (28 U.S.C. 1338(a)), and damages for patent infringement reach back no further than six years before the suit is filed (35 U.S.C. 286). A civil copyright claim has to be brought within three years after it accrued (17 U.S.C. 507(b)), and a United States work generally needs a registration, or a refusal from the Copyright Office, before an infringement suit can be filed (17 U.S.C. 411(a)). Marks can be registered federally under 15 U.S.C. 1051.
Which federal court division lists Lancaster County
The United States District Court for the District of South Carolina is split into divisions by county, and the county list in 28 U.S.C. 121 places Lancaster County in the Rock Hill Division. For that division, the court’s pages list 901 Richland Street, Columbia, SC 29201. Being in a division’s county list does not decide where a given dispute is filed. Federal venue rules settle that question case by case. An attorney should confirm the court and the division before anything is filed.
Colleges and research programs near Lancaster
The University of South Carolina Lancaster gives its campus address as 476 Hubbard Drive, Lancaster, SC 29720. It also runs a Native American Studies Center at 119 S. Main Street in Lancaster and keeps a separate location in Indian Land. Its site lists an associate business degree program and a BSN degree program. A student, instructor or staff member with an idea for a product should ask the campus in writing whether any university rule on inventions or creative work applies, and have an attorney read the answer.
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Help for inventors and business owners in Lancaster County
The county site lists its administration building at 101 North Main Street, Lancaster, SC 29720, and the Lancaster County Economic Development Department’s small business page points owners to resources that include the South Carolina Small Business Development Center, the State Small Business Credit Initiative program and the South Carolina Business One-Stop.
The Lancaster County Chamber of Commerce, at 453 Colonial Avenue, says it helps new and existing businesses through partners that include the Small Business Development Center at Winthrop University and the Entrepreneur Network at York Technical College. The chamber also describes the county’s Open for Business program, which helps small businesses in existing buildings with permitting.
At the county level, the Rock Hill Area Small Business Development Center lists Lancaster County among the five counties it serves, from an office at 118 Thurmond Building on the Winthrop University campus in Rock Hill. Owners who split their time between the two towns can also read the page written for Rock Hill.
Lancaster County says it does not require a county business license, but a business that operates inside the City of Lancaster must obtain a city business license.
South Carolina rules that sit beside federal law
Trade secrets fall under the South Carolina Trade Secrets Act, found at S.C. Code Ann. 39-8-10 to 39-8-130 in the South Carolina Code. The Act covers information such as a formula, pattern, compilation, program, method, process, design or code that has economic value because it is not generally known or readily found out by proper means, as long as the owner makes reasonable efforts to keep it secret. A misappropriation claim must be brought within three years after the misappropriation is discovered or should have been discovered with reasonable diligence, and a continuing misappropriation counts as one claim (39-8-70).
South Carolina has no statute on employee noncompete agreements, so courts decide them under case law and read them strictly, and an attorney should confirm the current rule before you sign or rely on one.
Questions people in Lancaster ask
### How does a South Carolina trademark registration work?
The Secretary of State keeps the state register, and a mark has to be in use before it can be registered there. The application names the owner and the goods or services, gives the dates the mark was first used anywhere and first used in South Carolina, and includes three specimens of the mark as used; online filing is now available for all trademark and service mark filings. A registration runs five years and can be renewed for further five year periods if the renewal is filed within six months before it expires. It gives rights in South Carolina and no federal protection, but it puts a state record of the mark on file and supports a suit under the state act for infringement or counterfeiting (S.C. Code Ann. 39-15-1105 to 39-15-1195).
### Does South Carolina register a business or trade name?
Corporations, nonprofit corporations, LLCs, limited partnerships and limited liability partnerships file with the South Carolina Secretary of State through its online Business Filings system, while sole proprietorships and general partnerships do not file there. The Secretary of State does not register DBA or trade names, so the state has no assumed name filing, and business licenses come from the county or the city.
### Can a company in Lancaster bring a trade secret claim in federal court?
It can when the secret relates to a product or service used in, or intended for use in, interstate or foreign commerce, under the federal trade secret statute at 18 U.S.C. 1836(b). The state Act described above is a second route, and an attorney can explain which one fits the facts.
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Frequently Asked Questions
Can a patent dispute involving a Lancaster business be filed in state court?
No. A patent claim is filed in federal court only (28 U.S.C. 1338(a)). Federal venue rules decide where a particular case can be filed, so an attorney should confirm the court before anything is filed.
What address does the court list for the Rock Hill Division?
The court’s pages list 901 Richland Street, Columbia, SC 29201 for its Rock Hill Division, which is the division the county list assigns to Lancaster County.
Where can a Lancaster County business owner find small business counseling?
The Lancaster County Chamber of Commerce, at 453 Colonial Avenue, names the Small Business Development Center at Winthrop University and the Entrepreneur Network at York Technical College among its partners. The Rock Hill Area Small Business Development Center, on the Winthrop University campus in Rock Hill, lists Lancaster County among the five counties it serves.
How long do I have to bring a copyright or trade secret claim?
A civil copyright claim must be brought within three years after it accrued (17 U.S.C. 507(b)). A claim under the South Carolina Trade Secrets Act must be brought within three years after the misappropriation is discovered or should have been discovered with reasonable diligence (S.C. Code Ann. 39-8-70). An attorney can tell you when your own clock started.
Do I need a county business license to operate in Lancaster?
Lancaster County says it does not require a county business license. A business that operates inside the City of Lancaster must obtain a city business license, so check with the city before you open.
Our South Carolina intellectual property hub brings together the state’s rules and every city page in one place. Related city pages in this region: Rock Hill, Chester, and Camden. Injury claims follow different rules, covered on our Lancaster personal injury attorney page.
Get matched with an attorney
Before a first conversation, write down when you first used a name or a mark in South Carolina, when you made or shared a design, and any agreement that mentions confidential information. For a statewide view, see South Carolina intellectual property attorneys. When you are ready, you can get matched with an intellectual property attorney.
