A brand or company’s intellectual property (IP) may be among its most valuable assets. In a globally competitive market, a logo, proprietary recipe, trade secret, or other intangible property often gives one company an edge over its competition. Protecting valuable IP may make a difference in whether a fledgling company eventually flourishes or shutters. Sometimes IP litigation may be the only way to maintain the integrity of a brand’s patents, copyrights, trademarks, or trade secrets. The IP attorneys at Sullivan & Carter, LLP help companies and brands preserve their exclusive intellectual property rights with licenses, registrations –– and, when necessary, with IP litigation. Contact our firm today at (929) 724-7529 and schedule a consultation to discuss your business IP needs.

What Is an IP Dispute?

The most common IP disputes relate to patent, trademark, or copyright infringement. A dispute may arise when an individual, business, or entrepreneur realizes that other parties are infringing on their exclusive rights to the use of an intangible asset.

Typical cases handled by the intellectual property lawyers with Sullivan & Carter, LLP include:

• Trademark infringement: Occurs when another party uses the same phrase or word, symbol or mark, or logo another brand already uses to identify its goods or services in the marketplace in order to sell a similar line of goods or services. The similarity confuses customers and may dilute the brand’s reputation. Registering company trademarks affords the company legal protection against imitators. Disputes may arise over the similarity of two trademarks. Arguments for legal damages often attempt to show that the similarity to the original trademark has negatively impacted the trademark-holder’s market share.
• Copyright infringement: Arises when one party uses another’s creative work, such as words, images, or music, without the creator's permission.
• Trade secrets: Businesses of any size may hold trade secrets. Examples include a formula for food or drink, a method of producing goods, or a specialized service. Appropriating trade secrets is a common corporate dispute, and IP litigation in these cases may be against a person or a business entity.
• Patent infringement: Patented inventions may contain several different unique parts, each of which may require a separate patent. Litigating disputes over ownership of the sum of an invention or its parts is a common task for IP lawyers.

Any infringement of intellectual property rights should be addressed as soon as possible. A prompt response may help to minimize the impact of the infringement on brand integrity and may mitigate any financial losses. Remedies for IP disputes can include the court-ordered payment of damages as well as injunctive relief to stop the unauthorized use of the intellectual property.

Intellectual Property Infringement

Retaining an IP attorney to prevent or remedy IP infringement can reduce the likelihood of common forms of infringement as well as reduce their probable impact on your brand integrity if they do occur. Many business owners are busy people and may not realize that another party has appropriated, infringed, or otherwise been using their intellectual property without permission. A common service offered by intellectual property attorneys is monitoring a company’s IP for any infringement in order to ensure that the company has an opportunity to take swift measures in response.

Some manifestations of IP infringement an IP lawyer may watch for include:

• Creating a product based on patent-protected designs or objects
• Making and/ or distributing an unauthorized copy of a copyrighted written piece, musical score, artwork, or melody
• Selling or advertising a product with a logo or other branding very similar to another brand on the market
• Developing goods or operating a business using appropriated trade secrets from another entity

Unauthorized use or mimicry of a protected piece of intellectual property can lead to IP litigation. If you become aware of IP infringement, consider seeking legal counsel from an experienced IP attorney to discuss your options.

What Does an Intellectual Property Litigator Do?

Infringement or appropriation of trade secrets and other IPs can seriously threaten a company’s performance. One of the most valuable services an intellectual property law firm provides is establishing ironclad IP protections for their clients and litigating intellectual property infringement in court. IP litigators may represent both plaintiffs, or those who sue for damages due to alleged infringement of their intellectual property rights, and defendants, those who are alleged to have violated the protections of another party’s IP.

When representing a plaintiff, an IP litigator’s goal is twofold: to establish that the client has legitimate legal ownership of the IP in question and to prove that the defendant violated the client’s IP rights. When defending a client against allegations of IP infringement, IP litigators seek to demonstrate that the IP use was authorized, or that possession or use of the IP in question does not infringe upon the integrity of the plaintiff’s intellectual property rights. The strategy will depend on the type of IP in question, as well as the clients' alleged use and motivations.

Your Rights and Remedies for IP Disputes Under the Law

If you suspect that an infringement of your IP has occurred, seeking advice from an experienced intellectual property lawyer may be a good next step. Depending on the jurisdiction and the type of IP, several tools may be available for enforcing your intellectual property rights. However, the exact procedures for protecting intellectual property rights, and the legal precedents available for defending fair and reasonable uses, differ depending on the circumstances and whether the case is litigated at the state, federal, or even international level.

Jurisdiction of IP Litigation

Within the United States, patent and copyright cases are heard exclusively in federal courts, whereas intrastate trademark infringement and some trade secret cases may be tried in state courts; all four areas of intellectual property law may of course involve global actors, in which case it is possible that questions of international jurisdiction might arise. If you have reason to believe that the jurisdiction over your case may be disputed, consider speaking with an intellectual property lawyer to discuss your situation.

Alternatives to Litigation

Even the most successful litigation costs time and money. For this reason, in most cases an IP attorney will make several attempts to resolve an IP dispute out of court before resorting to legal action. Reaching an amicable resolution is generally easier when the infringing party has acted without malice. The first response to a likely instance of infringement, therefore, will often be determining the intention of the infringing party.

Cease-and-Desist Letter

One of the most common maneuvers early in the process is sending a cease-and-desist letter to the offending party, notifying them of the IP infringement and demanding that use of it stop. The letter will need to delineate the exact use that is contested, and may propose a workable solution to the problem (such as the purchase or licensing of the IP).

Amicable Solutions

If the infringement was unintentional, then a cease-and-desist letter often solves the problem and may even lead to a licensing contract or other arrangement agreeable to both parties. If use of the IP under certain conditions (such as a licensing agreement) is a solution both parties are willing to entertain, then the next stage may be negotiation, to arrive at agreed-upon licensing fees and limits to use.

Proceeding to Litigation

If an IP lawyer cannot get a resolution through cease-and-desist letters or a negotiated solution, they may recommend that the client proceed to IP litigation. The attorney will likely file first for an injunction against the offending party, barring them from using the client’s IP. Once the injunction is a court order, continued use of the IP may result in serious legal consequences or contempt of court charges. An IP attorney may also file a civil suit for damages if the client’s business has suffered as a result of the infringement, requesting that a court order the infringing party to compensate the plaintiff for harms such as lost revenue or damaged reputation.

Contact an IP Litigation Firm Today

If you need help with IP litigation, or you need assistance putting intellectual property protections in place to preserve your brand integrity, reach out to the experienced intellectual property attorneys with Sullivan & Carter, LLP to discuss your IP protection needs. Our Chicago-based office defends intellectual property rights throughout the United States, while keeping one eye on the emerging issues of the global IP stage. Contact Sullivan & Carter, LLP, today by calling (929) 724-7529 to schedule your consultation.