Los Angeles Intellectual Property Attorney

Experienced Intellectual Property Lawyer in Los Angeles

Intellectual property (IP) is a legal term for creations of the mind, such as inventions, brand names, artwork, music, and trade secrets. IP processes can be very complex, which makes it easier for others to steal your work or claim ownership. Federal and California IP laws were written to protect your creations from people who try to take them. Copyright protects creative works like songs and art. Patents protect inventions. Trademarks protect brand names and logos. Trade secret law protects valuable business information you keep private.

After all, these ideas are usually the beginning of successful businesses, pieces of art, and inventions. Even so, the law is far from simple, and it’s recommended to have an experienced IP attorney by your side in Los Angeles, CA.

Los Angeles runs on creative work. California is home to nearly 1 in 5 of the nation’s creative economy jobs, according to the 2026 Otis College Report on the Creative Economy. Film, music, fashion, toy, and software companies here all depend on IP to stay competitive.

It’s fine to share ideas with others, but if you’re launching a startup company, for instance, you should take steps to protect what you create. A bare idea usually cannot be protected on its own. The way you express it, the invention you build from it, or the brand you attach to it often can be. It can be discouraging when you have an idea you believe can be successful, only for another party to steal it and claim that it originated from them.

Fortunately, you have options available to help ensure your IPs are protected under the law. No matter what your idea is, and no matter how it is protected, having experienced legal help by your side can make it much harder for someone else to take something you created.

The Kinder Law Group: Intellectual Property Lawyers Serving Los Angeles

At The Kinder Law Group, we’ve worked with several clients who struggled with the complicated legal system. We work diligently with our clients to protect their IPs and prevent other parties from claiming ownership. Since the firm opened in 2010, we’ve been responsible for helping clients with patent protection, litigation, and many more services, and we continue to assist clients, both old and new. We’re prepared to help you with any concerns you have.

Founding attorney Brian P. Kinder has practiced law since 2001. He has handled cases in federal district courts, before the Trademark Trial and Appeal Board, and before the World Intellectual Property Organization (WIPO). He is admitted to practice in all California federal courts. Our Long Beach office at 100 Oceangate serves clients across Los Angeles County.

Our team of attorneys can help you fill out the proper paperwork for your IP, and should someone attempt to steal or profit from your IP, we can represent you in court. Our mission is to help you get the full protection that federal and California law allow while building a strong relationship with you that lasts for years to come.

Have a question about protecting your work? Schedule a free consultation

How Intellectual Property Law Is Defined

IP can be complex to understand at first, but in a general sense, IP is considered anything specific that is created in the mind. IPs can include:

• Films
• Music
• Inventions
• Product designs
• Symbols
• Software
• Logos
• Trade Secrets
• Slogans and brand names
• Books
• Art
• And more

IP law is intended to protect all of the above from other parties who may try to claim they were their own creations. For example, if someone claims a painting was their own, copyright law generally lets you, the artist, stop others from copying or selling it. Your copyright exists as soon as you create the work. But in most cases, you must register it with the U.S. Copyright Office before you can sue. Each type of IP has its own set of laws, so the right protection depends on what you created.

The Four Types of IP

According to a California state training guide on IP, there are four main types of IPs:

1. Trademarks. These are used to protect logos, phrases, and designs that identify who makes a product or offers a service. Trademarks are typically used to protect a company’s aesthetic and branding. A business can own many trademarks at once, such as a name, a logo, and a slogan. Each one is usually registered on its own. Demand is high. Applicants filed more than 824,000 new trademark classes with the U.S. Patent and Trademark Office (USPTO) in fiscal year 2025, and applications took about 11.7 months on average to reach a final decision.
2. Patents. This is one of the most common types of IP protection, but it only protects one invention for a limited time. A utility patent generally lasts 20 years from the filing date, and a design patent lasts 15 years from the date it is granted (if the application was filed on or after May 13, 2015. Older design patents last 14 years.) Patents give the owner the right to stop others from making, using, or selling the invention, which prevents others from trying to get their hands on it.There are three types of patents that are recognized, which are utility, design, and plant. Utility patents are typically used for works that have more practical uses, such as medical equipment or software. Design patents protect how a product looks, such as how a beverage is packaged. Plant patents cover new and distinct plant varieties that a person invents or discovers and then reproduces without seeds, such as by grafting or cuttings.
3. Copyrights. Unlike patents, copyrights can protect many different creative works. However, these can only be used for works that are written down, recorded, or otherwise fixed in a tangible form. For example, poems, books, and songs can be copyrighted, but the ideas behind them cannot be. Your copyright begins the moment you create the work. Registering with the U.S. Copyright Office is still smart. In most cases, you must register a U.S. work before you can file an infringement lawsuit. Registering early can also make you eligible for statutory damages and attorney’s fees.
4. Trade Secrets. Trade secrets can still be protected, even though they are not available to the public. Under the California Uniform Trade Secrets Act, information counts as a trade secret if it has economic value because others do not know it and you take reasonable steps to keep it secret. Trade secrets can include recipes, formulas, and business strategies, and all can be protected if they meet this test. Federal law offers similar protection under the Defend Trade Secrets Act.

No matter what it is you’d like to protect, you have options available. For example, if you have a recipe you’d like to protect and keep in the hands of your new startup business, you can often protect it as a trade secret. If you have logos, designs, and other aesthetics in mind for your business, these can be trademarked, which can stop other businesses from using confusingly similar marks on related products or services. A big advantage of IP law is that you can use multiple types of IP protection for your single business.

IP law can seem daunting at first, especially if you’re just starting your business. However, it’s important to remember that you have strategies available to keep your ideas your own. Even so, you may run into difficulties in filing for a trademark. You may also have someone who is attempting to take your idea for their own gain. In any case, it’s important you speak with an IP attorney who can address any concerns you have.

Idea Submission Claims in the Entertainment Industry

California has a rule that matters to many Los Angeles writers and creators. As noted above, copyright does not protect a bare idea. But in Desny v. Wilder (1956), the California Supreme Court held that a person who pitches an idea may be able to get paid under an implied contract. An implied contract is an agreement shown by how the parties acted, not by a signed document.

These claims depend heavily on the facts. They often turn on how the pitch was made, whether the other side knew, before hearing the pitch, that payment was expected, and whether the other side actually used the idea. If you pitched a script, show, or concept to a studio or producer and later saw something similar released, talk to an IP attorney about your options.

Why Hire IP Attorneys?

You may have created an idea or invention that you believe could earn you money, and that’s a great feeling. However, if you don’t do what’s recommended and protect your ideas, someone could steal your idea and claim that they created it. In order to protect your ideas from others who may want to steal them, it helps to have an experienced IP attorney who can guide you through the complicated legal system.

While there are general aspects of IP law that are easy to understand, the law goes deeper than this. Many individuals have their own interpretation of IP law, and it’s crucial that you hire someone who knows this area of law well should you need defense in court. Also, if you were to make a mistake in filing paperwork, you could lose rights you might otherwise have had, and it could be easier for another individual or business to use your work. Having an attorney walk you through the process can help prevent mistakes in paperwork.

Another reason having an IP attorney is beneficial is if you can’t defend yourself in court. IP law is complicated, and if you’re struggling to defend yourself and claim your ideas are your own, an attorney can examine your case and use their knowledge to benefit you. Should another party infringe on your IP, an experienced attorney can gather all of the information they need to protect your rights.

Legally, you do not need an attorney to file for copyright, trademark, and patents if you live in the United States. However, trademark applicants based outside the U.S. must use a U.S.-licensed attorney. You also don’t need one to review anything related to your IP, such as paperwork. However, many clients we’ve met in the past told us how beneficial it was to have us by their side as their job became easier and their work became safer. No matter how big or experienced your business is, it’s crucial you know where to go for IP legal assistance.

What to Do if Your IP Is Infringed

There are several laws that protect you should someone attempt to steal your IP for their own use. Unfortunately, IP theft is a real risk, especially with new technology consistently hitting shelves. However, there are some key points to remember if someone is indeed attempting to infringe on your work.

• Request the party to stop using your work. Sometimes, companies accidentally infringe on your work. If so, let them know you have IP protection, and they may stop after they’re made aware. Some companies are fully aware that they’re using protected material, but if they are caught by the owners, they may stop to avoid legal action. A cease and desist letter is often the first step.
• Pursue legal action. If a company doesn’t stop using your works without permission, you can take legal action. Speak with an attorney as soon as possible so they can gather all of the necessary information. It is not recommended to pursue this case on your own, primarily because of the difficulty and complexity of IP law.
• Watch the deadlines. A copyright claim generally must be filed within three years after it arises. In California’s federal courts, that clock usually starts when you discovered, or should have discovered, the infringement. California trade secret claims generally must be filed within three years after the misuse was found or should have been found. For patents, you can generally recover damages only for the six years before you sue. Federal trademark claims have no fixed deadline, but waiting too long can still weaken your case.
• Know where the case may be heard. Copyright and patent infringement cases must be filed in federal court. In Los Angeles, that is usually the S. District Court for the Central District of California. Trade secret and some trademark claims can also be heard in state court, such as the Los Angeles County Superior Court.

This can be a scary time for your business if another party attempts to use your original ideas without permission. However, you have options in place that can protect you, and you don’t have to face this situation alone.

The Kinder Law Group Can Help

Intellectual property can protect your creations if used properly, but the law itself can be challenging to understand fully. This is where our experience and knowledge can help you. If you own a business in Los Angeles and need IP protection, our team can help. We’ve spent more than 15 years defending our clients and helping them seek the proper protection they need, and we’re ready to assist you as well.

For more information about IP law and how we can help you, contact us today or call (949) 216-3070 to get started.

Los Angeles Intellectual Property FAQs

Do I need a lawyer to register a trademark?

No, not if you live in the U.S. Applicants based outside the U.S. must use a U.S.-licensed attorney.

Can I copyright an idea?

No. Copyright protects the way an idea is expressed, such as a script or song, not the idea itself.

Do I have to register my copyright?

No, your copyright exists once the work is fixed in a tangible form. But you generally must register a U.S. work before you can sue for infringement.

How long does a patent last?

A utility or plant patent generally lasts 20 years from filing. A design patent filed on or after May 13, 2015 lasts 15 years from the date it is granted.

How long does a trademark registration last?

A federal registration can last as long as you keep using the mark and file the required renewals. Renewals are due every 10 years, with an extra filing between years five and six.

Can I protect a recipe?

A plain list of ingredients generally cannot be copyrighted. Many businesses protect recipes as trade secrets by keeping them confidential.

What should I do if someone copies my work?

Save proof of the copying and talk to an IP attorney. Many disputes start with a cease and desist letter before any lawsuit.

This page offers general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship.