Enforcement and Litigation
Having a registered Intellectual Property (IP) serves as a deterrent to potential infringers. However, it is not guaranteed that no one else will use your IP.
We are seeing a rapid increase in counterfeiting and the sale of unauthorized goods. Depending on the circumstances, infringement can negatively impact the reputation of the brands or products associated with the IP, resulting in a loss of customers and a decrease in sales and income for the IP owner.
When our clients' IP assets are at risk, we take immediate action against infringers, manufacturers, and distributors to stop the flow of counterfeit and gray-market products. We also understand various ways to address the infringement and are committed to exploring different strategies to find the most suitable approach for each case. If litigation becomes necessary, especially for IP with significant valuable commercial rights and limited commercial lifespans, we are prepared to take swift and decisive action.
IP infringement occurs when someone uses IP substantially identical with, confusingly or deceptively similar to, your (registered) IP asset without your permission. This infringes the owner's exclusive rights, including the use, marking available to the public, sale, or licensing of the IP within the country or region covered by your IP.
If you have inadvertently infringed upon another person’s IP rights, our attorneys will advise you on the most cost-effective course to achieve a resolution. If you believe your IP has been infringed, our IP attorneys can guide you on the best course of action to stop the infringing party, including:
- Identify the infringing party and understand how they are using your IP;
- Writing and sending letters of demand;
- Developing strategies to mitigate risk;
- Negotiating licensing agreements;
- Managing your IP portfolio.
Please feel free to contact us at kemberts@kemberts.com if you suspect that someone may be infringing on your IP rights or if someone alleges you have infringed on their IP rights. Our experienced attorney and seasoned litigator can help defend and enforce your rights.
