Your original ideas and creations are integral to your business. If you are concerned that someone is infringing on your intellectual property, it is important to address the matter right away. These steps may help you stop the violation or recover monetary damages and losses.
Register Your Copyright or Trademark
You are not required to register your copyright or trademark. Copyright exists automatically from the moment that the work is created. Meanwhile, there are common law rights for trademarks.
Still, it is a good idea to file for registration. It will award you additional legal protections. And if you are interested in bringing a lawsuit in federal court, you will need to file for registration first.
Gather Evidence of Unauthorized Use
As the owner of the intellectual property, you will need to gather evidence demonstrating that it is being used without your authorization. It is important to show exactly where, when, and how the copyright, trademark, trade secret, or another form of intellectual property is being used.
It can be helpful to take screenshots, capture the website, and record the URL listings of online violations. Our attorneys can also help you gather the evidence needed to support your claim.
Send a Request to Stop the Violation
It may be possible to discourage the violating party without resorting to a lawsuit. For example, you might find success with a demand letter that outlines your ownership over the IP. In some cases, the situation with the infringing party can also be settled through meetings or mediation.
Consider Pursuing Legal Action
If you are unable to resolve the matter with the infringer, or if you have lost significant revenue due to the infringement, then litigation may be a worthwhile option that could potentially award you damages.
We welcome the opportunity to discuss the ways that you can stop an IP violation in progress. Call 312-726-4162 to request a free consultation and learn about your potential next steps.
Markoff Leinberger proudly serves Chicago and the surrounding areas of Illinois. Our firm can also handle copyright, trademark, and trade secret matters for clients across the United States.