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Discuss Your Company’s Rights with an Experienced Florida IP Infringement Attorney

Infringement of a company’s intellectual property rights can prove extremely costly. From loss of commercial opportunities to loss of goodwill in the marketplace—and potentially even loss of the company’s exclusive IP rights—there are numerous reasons to engage an experienced Florida IP infringement attorney right away if you have concerns.

Allegations of infringement can also prove costly. If your company is being accused of infringing another company’s patents, trademarks, copyrights, or trade secrets, you should act promptly to execute an informed and strategic defense. At Lott & Fischer, we have decades of experience on both sides of IP infringement claims, and we can use our experience to help you secure an efficient and favorable resolution.

What Constitutes IP Infringement?

In the United States and other jurisdictions around the world, intellectual property laws and court decisions afford several rights to IP owners. While these rights vary among the different types of intellectual property (i.e., patents, trademarks, copyrights, and trade secrets), exclusivity is fundamental to the nature of these rights.

Infringement occurs when a party violates an IP owner’s exclusive rights. Whether infringement is intentional or inadvertent, it can have the same consequences—and it can begin to have these consequences immediately. This is where promptly engaging an experienced Florida IP infringement attorney comes into play.

Taking Action in Response to IP Infringement

If a company (or individual) infringes your company’s exclusive IP rights, our attorneys can get to work immediately. Our practice is devoted to protecting companies’ intellectual property rights and handling all forms of IP-related litigation. From the evidence required to prove infringement to the procedural steps involved in seeking appropriate remedies in court, we know what it takes to protect our clients’ rights, and we are prepared to do what it takes to protect them by all legal means available.

In many cases, protecting a company’s exclusive rights against infringement will involve seeking preliminary relief in federal district court. Infringement can have immediate and long-lasting consequences, and stopping infringing commercial activity can be critical to mitigating its effects. Our attorneys can seek injunctive relief on an emergency basis if necessary, and then we can take all additional necessary steps to protect your company’s exclusive rights in the long term.

Defenses to IP Infringement

While it will be fairly clear that a company (or individual) has infringed in some cases, not all cases of infringement are so clear-cut. Intellectual property infringement litigation can be highly complex—involving a wide range of technical, scientific and legal issues. For example, depending on the nature of the IP involved, some examples of defenses that may be available include:

  • Non-protectability
  • Invalidity or unenforceability (in patent infringement cases)
  • Lack of confusing similarity or actual market confusion (in trademark infringement cases)
  • Fair use (in trademark or copyright infringement cases)
  • Compliance with the terms of a license or assignment agreement
  • Loss of exclusive rights through the IP owner’s failure to protect them

Whether we are serving as plaintiff’s counsel or defense counsel in IP infringement litigation, we examine all potential defenses in order to build a targeted litigation strategy. We then execute this strategy as cost-effectively as possible, whether this means focusing on securing an out-of-court settlement or litigating through trial.

FAQs: Working with a Florida IP Infringement Attorney

How Do I Know If My Company Has an IP Infringement Claim?

If you have concerns about potential infringement, you should consult with a Florida IP infringement attorney promptly. At Lott & Fischer, our attorneys have the experience needed to quickly assess potential infringement scenarios and take prompt legal action on our clients’ behalf when warranted.

What is an Example of IP Infringement?

One of the most common examples of IP infringement involves using a company’s trademark (or a “confusingly similar” trademark) to promote competing goods or services. Patent infringement involving unauthorized manufacture, sale, or use of a protected product or process is common as well. Broadly, IP infringement involves any unauthorized use of a company’s intellectual property—with limited exceptions such as fair use.

How Do I Prove IP Infringement?

The steps involved in proving IP infringement depend on the nature of the IP infringed upon and the specific facts and circumstances of each particular case. That said, it may be possible to obtain evidence such as emails and internal records through the discovery process, and technical analyses, market analyses, and various other forms of evidence may also be useful.

Contact Lott & Fischer Today

Do you have questions for a Florida IP infringement attorney? If so, we invite you to contact us. Please call 305-448-7089 or contact us online to schedule an appointment today.