Intellectual Property Litigation
Helping Companies Resolve Complex IP Disputes
One of a business’s most important assets is its intellectual property (IP). Many corporations base their operations on a novel product design, process, formula, or software, and companies also rely on branding, slogans, and other marketing materials to maintain a consumer base. In addition, some businesses profit from producing and owning the rights to creative works.
Preventing the misappropriation of intellectual property without proper licensing agreements is often essential to a company’s success. Unfortunately, intellectual property disputes arise in many different contexts, and they can be costly for companies of all types and sizes. If you or your organization is facing a potential IP dispute, do not risk costly losses or liability. Contact a Michigan intellectual property attorney at Maxwell Goss Law as soon as possible.
When your company develops a new invention or formula, or a significant improvement on an existing product or formula, it is important to obtain proper patent protection. A patent deems a party the owner of the design, and anyone else seeking to use that design and related information must first gain proper authority.
Companies can profit well from the ownership of a new invention, whether a business chooses to exclusively use the design or to license use to other entities. However, when another party wrongfully uses the patent, it can result in losses for the patent owner, as well as wrongful gain for the infringing party. This situation often leads to litigation, which can be complicated with a lot at stake.
A company’s brand is a highly important identifier for consumers, and it is important to trademark your business’s name, logo, marks, and other brand information. When another company uses your trademark, it can cause confusion among consumers, and it can substantially hurt your business if the infringer offers a product or service that is of lesser quality than yours. In many cases, someone might not realize they are infringing on a registered trademark, and a cease and desist letter is enough to resolve the matter. However, in other situations, it is necessary to bring a trademark infringement claim to stop the problem and recover any damages your company deserves.
If you are the author or creator of an artistic work, such as a song, painting, book, article, or another literary or artistic production, a copyright gives you the exclusive authority to reproduce, sell, or publish the work. In many situations, it can be lucrative to license the use of your work, such as allowing another corporation to use part of a song for a commercial in exchange for royalty payments.
If another party uses your copyright without permission or license, you should take swift action to stop them. This might involve having to file a copyright lawsuit against the infringing party, and an experienced IP litigation lawyer can advise of the best course of action to protect your work.
Trade Secret Litigation
Not all forms of intellectual property involve official registration and authority from federal agencies. Many companies choose to protect proprietary information as trade secrets. This can include designs, formulas, client lists, processes, marketing materials, and much more. If your business has met the requirements for protected trade secrets, you have the right to take legal action if someone misappropriates the protected information. This includes against both the party that revealed the information, as well as entities that used the information to their advantage when they should have known it was protected.
Other Forms of IP Litigation
While the above are the most commonly discussed forms of IP litigation, our firm handles many other types of cases, such as:
- False Advertising
- Unfair Competition
- Licensing Disputes
- Right of Publicity Disputes
- E-Commerce Disputes
No matter what your intellectual property dispute involves, you should not hesitate to schedule an appointment with Maxwell Goss Law.
Companies can often benefit greatly from legal counsel regarding the protection of their intellectual property. Our firm not only represents businesses in IP litigation but also provides general counseling services regarding how to best protect your IP and when it might be necessary to take further legal action.
Frequently Asked Questions
An NDA can be a powerful tool for protecting proprietary information and trade secrets. Business owners should wish to consider an NDA when such information is to be shared with
- Potential investors and partners
- Vendors and contractors
- Employees, especially key employees with access to information
- Some potential customers and licensees
Read more here to learn more about when an NDA may or may not be appropriate for your business or project.
Some key phases in the litigation process include:
- Investigation – We thoroughly investigate the facts of your case to identify the legal issues involved and evaluate liability and damages.
- Pleadings – We craft initial pleadings to submit to the court that set forth your claims or defenses in a clear, persuasive manner.
- Discovery – We obtain documents and take depositions of knowledgeable witnesses to assemble the evidence that will help your case.
- Motion Practice – We write powerful legal briefs and argue forcefully in court to win the fights that matter throughout the litigation.
- Settlement Negotiations – At all appropriate junctures, we negotiate strategically to achieve a favorable resolution as early as possible.
- Trial – When a case goes to trial, we present evidence and hammer home case themes in a manner designed to win over the jury or judge.
Litigation can be daunting, whether it’s a modest contract dispute or a complex, bet-the-company lawsuit. At Maxwell Goss Law, we streamline the process and keep our clients fully informed while diligently advancing their interests.
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