INTELLECTUAL PROPERTY LITIGATION ATTORNEYS
Aggressively Protecting Our Clients in Intellectual Property Disputes
When another party infringes on your intellectual property rights, it can be costly to your business. If another company uses a brand that you have trademarked or sells a product you have patented, that company is wrongfully profiting from your intellectual property and you are likely losing profits due to lost sales. When you suspect that an intellectual property infringement is taking place, it is important to take swift action.
Some parties will stop infringing on your intellectual property rights based on a request from an attorney. However, in some cases, further legal action is required. Litigation may be necessary in the following situations:
- A party refuses to cease and desist or ignores requests to do so
- You have incurred damages due to the infringement and the infringer refuses to compensate you
- An intellectual property owner makes unreasonable claims or demands alleging infringement
If you cannot obtain the legal and financial relief you deserve outside of court, it will likely be necessary to initiate litigation. Although intellectual property litigation can be highly complicated, you can succeed with the right legal team on your side.
At Mandour & Associates, our attorneys are experienced intellectual property litigators who know how to best represent our clients’ rights in court.
Handling Many Types of Intellectual Property Litigation
The intellectual property attorneys at Mandour & Associates regularly handle a wide variety of intellectual property cases in court, including the following:
- Trademark litigation – Involves stopping the unlawful use of words, logos, designs, phrases, names, or other branding that is confusingly similar to the trademarked branding of your business.
- Copyright litigation – Arises when another party copies a work or otherwise uses a substantially similar work without the proper license to do so.
- Patent litigation – Occurs when another company or party produces or sells an invention, product, formula, or program for which you have obtained patent ownership.
- Trade secret litigation – When you have maintained your products or formulas as trade secrets and someone exposes or misuses the trade secret.
- Trade dress litigation – When another party copies or has a confusingly similar design of a product or packaging so that consumers are confused about the source of the product.
- Unfair competition litigation – Can include many unlawful practices including intellectual property infringement, wrongful trade practices, and more.
Any of the above can cause financial harm for your business and unlawful financial gain for another party. The purpose of intellectual property litigation is to both obtain injunctive relief that orders the party to stop infringing on your rights, as well as to obtain full damages that you incurred as a result of the misappropriation.
The Federal Litigation Process
Litigation is generally initiated in United States federal court, which is governed by a different set of procedural rules than state courts. It is important that your attorney has experience in federal court to ensure that all procedural requirements are met in your case.
Intellectual property litigation has many different steps, including:
- Preparing and filing a pleading
- The defendant’s response to the pleading and possible filing of counterclaims
- Discovery period, including interrogatories, requests for production, requests for admission, depositions, subpoenas, and other fact-finding tools
- Expert discovery, which can include analyzing the technical nature of the infringement as well as the economic impact of the infringement
- Motions for summary judgment and other pretrial issues
- Settlement conferences, which actually can take place throughout the entire litigation process
- Trial, if needed, in which both sides present their cases for the court to decide the outcome of the matter
Each step of litigation involves many rules and requirements that must be satisfied. While some cases are able to be resolved after simply filing a pleading, others will need to proceed further to protect your rights. Since you can never be sure of the path of your case, it is critical to have an intellectual property lawyer representing you who has experience with the entire litigation process, including trial experience.
Preserving Your Resources Is a Priority
Litigation can be costly—in regard to your time, energy, and money. Many parties unnecessarily complicate litigation due to misunderstandings or inefficient practices. We are committed to developing a highly effective litigation strategy for your case from the very beginning and remaining focused on that strategy throughout the case. Our legal team will never waste unnecessary resources and will actively work to achieve your goals in your intellectual property case as swiftly as possible. Our goals often include:
- Stopping the misappropriation or infringement of your intellectual property
- Obtaining full compensation for damages you have incurred
- Obtaining compensation for litigation costs and attorney’s fees
Taking swift legal action is imperative in intellectual property disputes—not only to limit the damage caused, but also to ensure any trademarks, trade secrets, or other property protections remain strong.
Discuss a Possible Case With Our Intellectual Property Litigation Attorneys Today
The intellectual property lawyers at Mandour & Associates, APC have handled cases involving high profile companies including Party City, Disney, Wal-Mart, and Calvin Klein. We have represented hundreds of clients in intellectual property litigation matters and have the resources to handle even the most complex matters in an efficient manner. If you would like to schedule a consultation regarding any legal concern about intellectual property, please contact us via our contact form to as soon as possible.