Intellectual property is often one of an enterprise’s most valuable assets. In a competitive market, your ability to protect your IP can make or break your business. If another party infringes on your intellectual property, your company’s livelihood may be at stake. An experienced commercial law attorney can work to protect your IP and, when necessary, go to court to hold infringers accountable.
Types of Intellectual Property Infringement
Intellectual property infringement occurs when someone uses, sells, or distributes another party’s protected intellectual property without permission. This can take many forms, depending on the type of IP involved. Let’s take a closer look at the four main categories of intellectual property infringement.
Copyright Infringement
Copyrights protect creative material from being reproduced without the owner’s consent. Copyright infringement happens when someone uses, reproduces, or distributes copyrighted material without the owner’s permission. This can include using copyrighted images, text, music, or videos without obtaining the necessary licenses or permissions. Copyright owners can sue infringers for damages and other relief and may be entitled to statutory damages, even if they cannot prove actual monetary losses.
Patent Infringement
A patent prevents others from making or using an invention without permission. Patent infringement occurs when a party makes, employs, or sells a patented invention without the patent owner’s permission. Patent owners can file lawsuits against infringers to recover damages and may be able to obtain an injunction to stop the infringing activity. In some cases, patent owners may also be able to recover attorney’s fees and enhanced damages if the infringement was willful.
Trademark Infringement
Trademarks are symbols or designs that identify a company’s products, which helps consumers recognize those products and build trust with the company. Trademark infringement happens when someone uses a trademark that is remarkably similar to another party’s registered trademark, causing confusion among consumers. Trademark owners can sue infringers for damages and may be able to obtain an injunction to stop the infringing activity. In some cases, trademark owners may also be able to recover the profits the infringer earned from the infringing activity.
Trade Secret Infringement
Unlike copyrights, patents, and trademarks, trade secrets are not registered with any government entity. Rather, they are the non-publicly disclosed internal practices and designs that allow a company to operate effectively. Trade secret infringement, also known as misappropriation of trade secrets, occurs when someone acquires, uses, or discloses another party’s trade secrets without permission. This infringement can include stealing confidential business information, such as customer lists, formulas, or manufacturing processes. Trade secret owners can sue infringers for damages and may be able to obtain an injunction to prevent further disclosure or use of the trade secrets.
The Role of IP Litigators
Intellectual property litigators play a crucial role in protecting companies’ IP rights. When infringement occurs, IP litigators can help clients assess their legal options and develop strategies to enforce their rights. Options may involve sending cease-and-desist letters, negotiating licenses or settlements, or filing lawsuits against infringers.
In court, IP litigators present evidence and arguments to prove infringement and outline relief demands. They may work with expert witnesses to establish the validity and value of the intellectual property at issue.
Experienced IP litigators have a deep understanding of the complex laws and regulations surrounding intellectual property. They stay up-to-date on the latest legal developments and have the skills and resources to effectively represent their clients’ interests in court. Working with a skilled IP litigator is essential to protecting your business and preserving your competitive advantage.
Contact an Experienced Intellectual Property Litigator Today
Discovering that a competitor has infringed on your intellectual property can leave you feeling anxious as well as angry. However, it is essential to remember that you have rights and the ability to enforce them. Working with the seasoned commercial litigation attorneys at Levy Goldenberg LLP can help you understand your options and hold the wrongdoers accountable. Call us today or contact us online to learn more about how our IP litigators can help you stand up for your company and demand what’s fair.