As a business owner, you know the value of your ideas, products, and brand identity. These are not just things you have created; they’re the lifeblood of your business.
So, when someone else uses them without permission, or when your business is accused of doing so, it can feel like a personal attack. You may need to take action with intellectual property litigation.
What is intellectual property litigation, and how can it help you? Here is our business owner’s guide to the process, from start to finish.
What Is IP Litigation?
Intellectual property litigation is a part of IP law. This process focuses on resolving disputes over ownership, use, or infringement of intellectual property rights. Many times, these commercial disputes involve:
- Infringement claims: When someone uses your IP without permission, or when you have been accused of using someone else’s property.
- Enforcement actions: These can defend your IP against counterfeit products or brand dilution.
- Contract disputes: These issues center around conflicts over licensing agreements or other IP-related contracts.
Federal or state courts can handle this type of litigation, depending on the type of IP and the situation. For example, most patent and trademark cases are heard in federal court, while copyright disputes may proceed in either venue.
Why IP Litigation Is Important to Your Business
Your intellectual property is one of your most valuable assets. When you have a strong brand, an innovative product, or proprietary software, it can give you a competitive edge. With IP litigation, you are able to safeguard those assets, along with:
- Protect revenue streams: Remember that any unauthorized use of your inventions or creative works can mean lost sales.
- Preserve your brand reputation: Trademark infringement can confuse customers and dilute the trust you have spent years to build.
- Enforce agreements: Licensing deals can generate revenue, but only if they are enforced when breached.
If you ignore an infringement or overreact without guidance, that can lead to problems for your business.
What Happens During the IP Litigation Process?
Every intellectual property dispute is different, but most follow the same path. These cases are similar to other types of legal actions. Many start quietly, with investigation and pre-litigation efforts. This starts with a cease-and-desist letter or informal negotiations. In many cases, these early conversations can resolve the issue without the need for court proceedings.
If the matter cannot be resolved, the next step is filing a lawsuit. The complaint lays out the intellectual property in question, explains the alleged infringement, and specifies the damages or remedies being sought.
After that comes discovery, a phase where both sides collect documents, emails, expert reports, and other relevant evidence. This is a crucial stage, as it gives both parties a clearer picture of the strengths and weaknesses of their cases.
Next, courts may hold motions or hearings to address procedural matters or attempt to resolve specific issues before trial. Many disputes are settled at this stage, but some proceed to a trial, where a judge or jury decides the outcome. Even after a trial, the losing side can appeal.
Do You Need an IP Attorney?
IP law and its legal processes can get complicated really fast. As a business, you never want to handle it by yourself.
A skilled commercial litigation attorney can help you understand and protect your intellectual property. They will assess potential infringement claims, defenses, and licensing agreements. If the matter escalates to court, they can represent you and make a strong argument in your case.
In any of these situations, you want to get legal guidance early. By doing so, that saves time, money, and stress while protecting your business’s intellectual assets.
Get the Assistance You Need for IP Litigation
Intellectual property litigation might sound intimidating, but sometimes it is necessary to protect your business’s IP assets. By taking legal action, you can safeguard your creations, protect your revenue, and keep your business moving towards the future.
And Phillips & Bathke, P.C. is ready to help. Whether you need to defend against allegations of infringement or protect your IP assets, our team can assist with your legal matters. Schedule a consultation today to learn about your options.
