LAWCHEK®
& Lawsonline™
Personal Legal Sourcebooks
"LAWCHEK® Intellectual Property"
This is not a substitute for legal advice. An attorney must be consulted. "This
work is protected under the copyright laws of the United States. No
reproduction, use, or disclosure of this work shall be |
What should I do when infringement occurs or is alleged? |
If
your intellectual property is infringed:
In most cases, the first step is to gather information about the
infringing activities.
You should seek to determine who is committing the infringement
and how long the infringing activity has gone on.
If possible, you should try to get a feel for the amount of sales
of infringing product, the infringer's market share, and financial
viability of the infringer.
Such information will be important in determining how to address
the infringement.
The next step is usually to select and retain an attorney, and/or
discuss the infringement with your attorney.
Generally speaking, unless the infringer voluntarily ceases
infringement, the only way to stop the infringement is to bring a
lawsuit. Your
attorney should be able to help you evaluate the financial obligations
of taking actions against the infringer versus the chances of success
and recovery.
If
you are charged with infringement:
In virtually all cases, you should take action to respond to the
allegation of infringement.
Do not ignore a charge of infringement.
Determining the proper course of action may take considerable
time, so it is best to take initial actions immediately.
First, you should gather information about your accuser and
select and retain an attorney.
Your attorney should be able to help you evaluate the financial
risks and the chances of being found liable.
In most instances, you or your attorney will want to examine
public records with regard to the intellectual property in some detail,
and it may take some time to obtain the relevant public records.
In many instances, additional information about your own
activities or the activities of your employees will also be necessary to
evaluate your position. |
This is not a substitute for legal
advice. An
attorney must be consulted.
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