Intellectual Property Litigation

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Intellectual Property Litigation in Nevada

In today’s fast-paced and technology-driven economy, intellectual property holds unparalleled importance. At Hone Law, our team of highly skilled intellectual property litigation attorneys relies on profound technical knowledge, industry expertise, and extensive experience in litigating across various venues to safeguard and enforce your intellectual property rights. Protecting your intellectual property assets is crucial for companies seeking to prevent the emergence of competitive products, pave the way for future innovation, and secure a significant market share. If your intellectual property has been misappropriated or infringed by a competitor, an intellectual property litigation attorney will enforce your legal rights and protect your unique products and designs.

Why Litigation is Necessary for IP Infringement

Intellectual property litigation isn’t an option if your IP is being infringed on- it’s a necessity. You spend the time and resources for your IP, such as filing for a copyright or patent. If you don’t protect your IP, you won’t lose it.

For example, if you know someone is using your copyrighted work and don’t take action, you won’t lose the copyright.

Instead, failing to take quick action once you become aware of IP infringement can lead to:

Lower value of your work
Damages that are less than what they would otherwise be

If your business logo is trademarked and you allow others to copy the logo and it becomes widely used and you don’t take action, it can lead to:

Tarnished reputation
Damage to your brand
Confusion among consumers

Your intellectual property separates your business from the competition, and no one will protect your property for you.

What if I Didn’t Register My IP?

Certain intellectual property doesn’t need to be registered to be owned by you, but it also leaves you open to lengthy claims and potentially losing a claim. For example, you may have a company logo that you never registered with the U.S. Patent and Trademark Office.

You still own the rights to your trademark and can protect it, but failing to register it with the trademark may make claims harder to prove.

Registering your IP leads to less confusion if litigation is necessary in the future and offers you legal protection.

If someone does infringe on your IP and it’s not registered, reach out to us and we’ll guide you through the next steps in the process.

The Intellectual Property Litigation Process

The intellectual property litigation case process will vary depending on the type of intellectual property that you are seeking to protect. All intellectual property can be broken down into four distinct categories:

Trademarks
Copyright
Patents
Trade Secrets

The rights and privileges afforded to owners of intellectual property range depending on the type of registration you have. Patent and trade secret owners, for instance, have the right to implement their systems, strategies, and processes for commercial purposes. Copyright owners enjoy the right to use their intellectual property commercially, either through the sale of products or public distribution. Finally, trademark owners have a right to use their IP to sell products and services. If an unauthorized party exploits your IP, it is possible to pursue intellectual property litigation to prevent further misuse and collect damages for lost profits.

At the federal level, intellectual property laws are overseen by two agencies, the United States Patent and Trademark Office and the United States Copyright Office. One of the most effective ways to prevent IP infringement is to register your intellectual property with the appropriate agency. In some cases, registration cannot by itself prevent IP infringement, and it is necessary to prosecute an infringement in court. Before suing, collect evidence of the infringement and consult your Hone Law intellectual property attorney to determine whether litigation is the right option. Infringement cases can be costly and time-consuming, and litigation should be pursued only in certain cases.

If you and your attorney decide to pursue litigation and your suit is successful, several remedies may be available to you. Typically, the court will order an injunction to prevent the infringing party from further misappropriating the IP. In some cases, monetary damages may be available to offset the financial losses associated with the misuse. If possible and in your best interest, you may be able to establish a licensing agreement to allow the infringing party to continue using your IP while receiving payment in return.

Steps in the Intellectual Property Litigation Process

If you and your attorney determine that litigation is the best course of action, you can expect your case to go through the following stages.

File a complaint. To initiate the litigation process, a complaint must be filed alleging infringement of your rights. The complaint should define the issue and how the defendant has infringed on your rights. The defendant will then have an opportunity to answer your claims.
Discovery. At this stage, both parties exchange information related to the claims, hold depositions and answer written questions. The aim of discovery is to gain evidence to support your case.
Pre-trial motions. Before the trial, either party may file dispositive motions to seek judgment in their favor. A motion for summary judgment, for example, may be sought if the facts are undisputed and the movant believes they are entitled to judgment as a matter of law. If the motion is granted, the case will be resolved without a trial.
Trial. If the case is not resolved in a summary judgment or dismissed, trial will commence. Both sides present their arguments and evidence, and a judge or jury will decide on the outcome.
Appeals. The unsuccessful party may file an appeal to the Court of Appeals for the Federal Circuit. If the Court finds that prejudicial legal errors occurred, the judgment may be reversed, and a new trial ordered.

Intellectual Property (IP) litigation generally follows the same path as a civil lawsuit. IP litigation is often more complex than typical business litigation due to several factors. It requires technical expertise to handle the highly specialized subject matter, such as patents and trade secrets. The legal standards involved, such as validity, infringement, and enforceability, are unique and intricate. Discovery is challenging, necessitating the review of extensive technical documentation and confidential information. The stakes are high, with significant financial implications like damages and royalties. IP litigation frequently involves international aspects, requiring coordination across different legal systems. Market impact is a crucial consideration, as outcomes can affect competitive positioning. Additionally, IP law continuously evolves with technological advancements and regulatory changes, necessitating up-to-date knowledge. Together, these elements contribute to the complexity of IP litigation compared to typical business litigation.

What Are the Most Common Types of IP Disputes?

Just as intellectual property comes in many forms, so do the disputes that accompany them. While many violations of intellectual property are intentional, some of the most common infringement issues are accidental. As experienced intellectual property litigation attorneys, we have guided clients through even the most complex cases, at all levels of the court system. Some of the most common types of IP disputes that we have successfully handled for our clients include:

Inadequate trademark search. Many new companies emerge onto the market without conducting proper trademark searches before establishing their branding materials. This can result in the inadvertent use of a trademark that is confusingly similar to yours.
Importation of infringing products. Section 1337 of the Tariff Act of 1930 has made it unlawful for international competitors to import goods with infringing trademarks. To enforce this, however, it is essential to register your IP with the appropriate federal agency.
Infringement on websites and social media platforms. In the age of technology, digital infringement is becoming increasingly common. In extreme situations, this type of dispute can arise due to another company mirroring your website entirely. In other situations, a business may repost your company’s logo or IP without securing the proper permission.
Disclosure of trade secrets. It is an unfortunate reality that former employees may take your company’s trade secrets to their new employers, underscoring the importance of implementing airtight non-disclosure and non-compete agreements to prevent this type of dispute.

How a Nevada Intellectual Property Dispute Lawyer Can Assist You

Intellectual property is at the heart of many businesses, and protecting this IP from infringement is paramount. Our team of knowledgeable intellectual property litigation attorneys brings trail-tested experience to the IP cases that reshape industries. What sets us apart is our innovative and winning approach. We will conduct an in-depth review of your case and tailor a team of experienced legal professionals to meet your needs most effectively. Through our multilateral legal representation, we will uphold your rights and protect your intellectual property from all adversaries. To learn more about how we can assist you, contact us at (702) 608-3720 today.

FAQ

What does my company need to prove a claim for trademark or trade dress infringement?

Pursuing a claim for trademark or trade dress infringement requires a clear understanding of what constitutes a violation and the evidence required. Before anything else, your company must demonstrate that it owns a valid trademark or trade dress. This usually involves providing registration documents from the U.S. Patent and Trademark Office (USPTO). While registration is not mandatory for all trademark rights, a registered trademark can significantly bolster your claim.

Central to most trademark or trade dress infringement claims is proving that the alleged infringer’s mark is sufficiently like yours in a way that could confuse consumers about the source of goods or services. Factors considered include the similarity of the marks, the similarity of the goods/services, the marketing channels used, and evidence of actual confusion.

For trade dress (the visual appearance of a product or its packaging that signifies the source of the product to consumers), you must also prove that the design is non-functional and has acquired secondary meaning. This means that consumers have come to recognize the trade dress as specifically identifying your company as the source.

A company will also want to show how the infringement has caused harm or potential harm to your brand, reputation, or sales. This could include consumer confusion, lost sales, or dilution of your brand’s distinctiveness.

In many cases, there can be discussions involving fair use, abandonment, or differences in geographic market or product category. Given the intricacies involved, it’s important to consider consulting an attorney experienced in intellectual property law to navigate the complexities of trademark or trade dress infringement claims.

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What does my company need to prove a claim for copyright infringement?

Establishing a claim for copyright infringement requires a specific set of legal elements to be shown. First, your company must show that it owns a valid copyright to the work. This can often be shown by presenting a certificate of registration from the U.S. Copyright Office. While copyright exists from the moment a work is created, registration is a prerequisite to filing an infringement lawsuit in federal court. If you do not have a trademark or a copyright filed with the U.S. Copyright Office or USPTO, then your company will have to prove that the infringement of the work was regarding something your company used during business and in the stream of commerce.

Additionally, your company must prove that the alleged infringer copied your work. This can sometimes be direct evidence, such as photographs of the infringing process or testimonies. For example, the infringer’s work may be substantially like your copyrighted material. it is not enough just to show similarities; the similarities must relate to the protectable elements of your work. For instance, if the similarities are based on generic themes or ideas (which aren’t protectable), that might not constitute infringement. The focus is on whether the expression of ideas, not the ideas themselves, are similar.

While proving infringement establishes legal liability, your company will also need to show the harm suffered due to the infringement to claim damages. This might be in the form of lost sales, reputational harm, or other negative impacts attributable to the infringement.

It is always important to remember that copyright law has various exceptions and defenses, such as “fair use,” which allows limited use of copyrighted material without permission for purposes like criticism, commentary, or education. Given the nuances and complexities, consulting a specialized intellectual property litigation attorney at Hone Law can help your company navigate a copyright infringement claim effectively.

What does my company need to prove a claim for patent infringement?

Asserting a patent infringement claim requires a clear presentation of specific legal elements to establish unauthorized use of a patented invention. If your company believes its patented work has been improperly used, you must first show that your company owns a valid patent for that invention. This typically involves presenting a patent certificate from the U.S. Patent and Trademark Office (USPTO). The patent must be active, meaning it hasn’t expired or been invalidated.

Your company will also need to show that the alleged infringer made, used, sold, offered to sell, or imported an invention that your patent covers without your permission.

A critical aspect of patent infringement litigation is the “claim charting” or “claim matching” process. Here, each claim of your patent is meticulously compared with the alleged infringing product or process. The goal is to show that every element of at least one of your patent’s claims is present in the defendant’s product or method.

Finally, your company will need to demonstrate the financial harm or potential harm it suffered (damages) because of the unauthorized use of its patent. This might involve lost profits, reasonable royalty rates, or any dilution of the invention’s market value.

Potential defenses to patent infringement claims can include asserting the patent’s invalidity, non-infringement (the product or process does not actually infringe any patent claims), or the existence of a license. Given the intricate technical and legal aspects of patent infringement claims, consulting an intellectual property litigation attorney at Hone Law can help you understand all your legal options.

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