Litigation can be defined as a case, controversy or lawsuit brought to court to enforce a particular right. Individuals and companies can resolve issues and disputes over legal matters through the litigation process. While it is generally advisable to avoid litigation, resorting to formal legal action is sometimes the only remedy available to protect the client’s interests. In such circumstances, it is often necessary to take swift and decisive action.
Patent Litigation can be pursued in cases of patent infringement. Any unauthorized use, manufacture, sale or importation of an invention during the patent term gives rise to patent infringement. The patent owner can sue for the appropriate financial relief and may have a Judge issue an injunction to prevent further unauthorized use of the invention. Also, when a patent owner falsely alleges patent infringement, it may be necessary to seek a judicial determination of patent invalidity or non-infringement to protect our client’s business interests.
Trademark litigation can be pursued if a party is using the same or a similar mark to that of the trademark owner’s Registered or “common-law” trademark rights. These marks must be sufficiently similar they are reasonably likely to cause consumer confusion, either through the similarity of the actual mark or the similarity of goods and services offered in conjunction with the mark. Litigation may be initiated to stop the other party from continuing the unauthorized use of the protected mark and for financial reimbursement for damages resulting from that unauthorized use. Also, if a purported trademark owner is unreasonably extending their trademark rights, it may be advantageous to initiate a lawsuit to seek a judicial determination of trademark invalidity or non-infringement to protect our client from threatened interference with its business.
Copyright litigation can be pursued if the copyright owner can provide evidence of the rights to the ownership of the work, and that someone is copying the work without permission. In this case, the copyright owner can initiate an action for copyright infringement and seek financial damages and a court order requiring the infringing party to stop reproducing and selling the work.
In addition to patent, trademark and copyright disputes, the conflicts which arise often include other aspects of a client’s business. For instance, licensing disputes, theft of trade secrets, breach of contract, unfair competition and corporate disputes regarding ownership and control may also be included when considering Intellectual Property litigation.
Gary L. Eastman advises his clients through all forms of Intellectual Property and related business litigation. From patents to trademarks to copyrights and trade secrets, Mr. Eastman works closely with each client to ensure he identifies, protects and defends all aspects of their Intellectual Property as well as protecting and meeting their short and long term business goals.
Please contact our office for more information on the litigation processes.