An intellectual Property (IP) Lawsuit occurs due to infringement of intellectual property rights.
Whenever someone's intellectual property is used, copied, sold or distributed without permission, they may have the right to commence legal action against the offending party.
An IP lawsuit may involve you as the IP owner protecting your rights or potentially you could find yourself defending against claims of infringing behaviour on someone else's IP.
No, instances of IP infringement do not automatically mean that a lawsuit is required to find a resolution.
Before litigation, it is recommended to send a Cease and Desist letter demanding an immediate stop to the behaviour. The Cease and Desist letter also sets out what a suitable resolution would be for the rights holder.
If no valid response is provided or the behaviour continues, this is when legal action is likely to be necessary. The decision of whether to pursue the offender through court action remains with the IP owner at all times.
Just as there are specialist lawyers for divorce law or immigration law, for example, there are also lawyers whose expertise is in IP law.
An IP litigator is highly skilled in all aspects of IP legislation and is qualified to represent your interests in court. They are also able to assist with the drafting of Cease and Desist letters, the establishment of IP ownership and measures for the ongoing protection of your IP.
Engaging an IP attorney early on can help you avoid costly and time-consuming court battles and ensure your IP is properly protected from infringing behaviour.
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Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
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The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
