As an entrepreneur, your concepts are the foundation of your livelihood, making it essential to protect your intellectual property.
Defending your unique ideas and creations helps prevent financial losses and unfair competition.
Types of intellectual property violations
Violations of this type are becoming more common. They typically involve three legal areas: patent infringement, trademark infringement, or copyright infringement. Issues arise when other businesses or entities use your ideas without permission. If this occurs, take action to protect your rights.
Protecting your ideas
Solid trademark protection and IP protection have several lines of defense. As the first line of defense, send a cease and desist letter to the recipient. Often this will put a stop to the infringement concern, especially if the other party did not realize they committed an infraction. Contact local intellectual property lawyers for help drafting your cease and desist letter.
If there is a disagreement or the other entity continues its actions, you may need to litigate. There are several steps in this process, and a thorough understanding of the procedures and the laws is necessary to achieve a desirable outcome.
Litigating the violation
There are several steps to the litigation process of your intellectual property case:
- You need to file a complaint in court and serve it to the other party
- The person then has the opportunity to respond to the case
- Both parties can request discovery evidence from the other side, including witness depositions and expert interviews
- A judge may enter a summary judgment after you and the other party present your arguments
- If the dispute remains unsettled, it moves to trial for a court decision
Discovering that someone is using your intellectual property for financial gain is frustrating and can lead to significant losses. Fortunately, you have legal protections to safeguard your business ideas from infringement.