Any accusations of intellectual property infringement can catch well-intentioned businesses off guard. When a letter arrives or a lawsuit is filed, you need to take action. Now, you are being told that your product, branding, or content violates someone else’s rights.
While these claims can feel intimidating, an accusation of infringement does not automatically mean liability. You need to build the right legal strategy to counter these IP disputes.
What are common defenses to IP infringement claims? Here is what you can do to protect your business from these accusations.
Question the Validity of the Claim
You may want to ask whether the party bringing the claim actually owns enforceable rights. Intellectual property offers protection, but it must meet specific legal requirements.
For example, a trademark may be vulnerable if it was not properly registered or was not used consistently. In copyright cases, the claimant must show that the work is original and protected under the law. Also, those patent cases can be challenged whether the patent should have been granted in the first place.
If these underlying rights are not valid, the infringement claim may not hold up.
State That No Infringement Occurred
In many cases, your defense might focus on the fact that the accused conduct does not infringe. Intellectual property laws have specific standards.
For trademarks, the question centers on whether consumers are likely to be confused. Two marks can look or sound alike and still coexist legally.
In copyright cases, the analysis focuses on whether protected elements were copied. And for patent infringement, it requires a detailed comparison between the accused product and the patent claims. If those elements do not line up, infringement may not exist.
Is This an Independent Creation?
Independent creation can be a strong defense, especially in copyright cases. If the accused party can show that they created the work on their own, without copying or access to the original, there may be no infringement.
This defense often involves timelines, drafts, development records, or other evidence showing how the work was created. While it does not apply in every case, independent creation can be a way to counter an infringement claim.
Fair Use and Permitted Use
Some uses of intellectual property are legally allowed, even without permission. In copyright law, fair use may apply when a work is used for:
- Commentary
- Criticism
- Education
- Research
- Parody
Courts will look at the purpose, the amount used, and the effect on the market for the original work.
In trademark cases, descriptive or nominative fair use may allow a party to reference a mark to describe their own product or identify another company’s goods or services.
These defenses show that not every reference or use of IP is unlawful.
Prior Use and First Use Defenses
In some situations, the accused party may have been using the intellectual property before the claimant acquired or registered their rights.
With prior use defenses, a business can show it was using a mark in commerce at an earlier time.
Along with that, patent law allows for certain prior user rights, especially if a product or process was in use before a patent was issued.
With these defenses, they depend on documentation and timing.
Statute of Limitations and Procedural Issues
IP claims are subject to legal deadlines. If a claimant waits too long to bring a lawsuit, the claim may be barred.
Sometimes, you might be able to use procedural defenses, such as improper jurisdiction or failure to meet filing requirements, as a way to counter an IP infringement claim.
Unfortunately, some plaintiffs are looking for a quick settlement. They will file fictitious claims in hopes that you pay them. These defenses can counter those claims and protect your reputation.
Use These Defenses to Protect Your Interests
What are common defenses to IP infringement claims? These cases are rarely black-and-white. What looks like infringement may fall within legal boundaries.
If you’re facing an IP infringement claim, we can help you with the available defenses to protect your interests.
At Phillips & Bathke, P.C, we are here to find the solutions to remedy these situations. Schedule a consultation to discuss your case.
