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When – and How – to Pursue IP Litigation

Oct 21, 2022 | Litigation

The realm of intellectual property is not devoid of its fair share of litigation. When patents, copyrights, or trademarks are infringed upon – that is, used without the proper permission of the owner – this can result in IP litigation brought on by the  IP owner.

IP litigation typically involves substantial time, case-building and liaising with IP attorneys. Consult an IP lawyer about an infringement case if the following scenarios prove true.

The Infringement Is Harmful

You could have grounds for IP litigation if another person or entity makes unauthorized use of your invention, logo, trademark, or copyrighted material in the development or sale of their products. As another business unjustifiably profits off the originality of your ideas, it disregards your right to any proceeds earned from your protected brand or product. Especially when you have never encountered or had any communication with the offending party, you should consult an IP attorney about drafting a cease and desist letter as soon as possible.

The Infringement Is Obvious

Creators, inventors, or entrepreneurs who are promoting products or knock-offs that rely on patented or copyrighted material are often reckless or ignorant. In some cases the offending party was unaware of its use of protected intellectual property because it failed to conduct a proper evaluation of the market. In these cases, the answer is the same: have a lawyer draft a cease and desist letter.

The Infringement Is Intentional

Another troubling type of IP infringement involves an offending party that willingly infringes intellectual property to further its business interests. Whether a large corporation has grown overconfident by infringing or an aggressive party believes it can intimidate the IP owner, these offenders should be properly addressed as well.

How to Approach IP Litigation

Analyzing the grounds for a lawsuit should be approached carefully and decisively with the assistance of skilled IP counsel.  An intellectual property lawyer should carefully review a case and weigh the costs and benefits before attempting to enforce its IP, including by filing suit.

During this process, the IP owner should be forthright with its counsel. Truthfully and completely answer the questions your IP attorney asks of you and do your best to provide as much relevant information as possible in a timely manner. The quicker and more efficiently you take action, the less damage the infringement will cause to your professional portfolio and bottom line.

Protect Your Intellectual Property – the Right Way

Your intellectual property is valuable. As an artist, inventor, or creator, you deserve the credit for and the rights to your ideas. Our team of intellectual property litigation attorneys advocates for technology-driven clients to enforce or defend their IP assets. Our approach to IP litigation strategy begins with understanding our clients’ business objectives. We then develop a tailored and cost-effective plan that aims to achieve those objectives and safeguard your assets.

We handle IP disputes for a wide range of clients, from individual inventors to major corporations. We’re proud to offer competitive pricing, innovative solutions, and a diverse team of attorneys.  And for many cases, we can help our clients obtain funding from private litigation financing firms to pay for most or all of the costs of the litigation.

When you work with us, we will help ensure your livelihood going forward by taking proper legal action. Let’s work to keep your intellectual property yours – contact us to start building an IP strategy.

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