Intellectual property (IP) litigation is a legal action that enforces the rights of those who hold patents, trademarks, and copyrights. This highly specialized legal area requires the knowledge and experience of a skilled Dallas intellectual property litigation lawyer. IP cases demand technical interpretation of artistic representations, mechanical features, and other defining characteristics, making IP litigation among the most complex types of cases. Additionally, case preparation requires an aggressive approach from a Dallas business law attorney who will diligently pursue the best outcome for your intellectual property claim.
What if Someone Uses Your Intellectual Property?
In most cases, the first step you take when you find that someone has used your intellectual property without your permission is to send a “cease and desist” letter to them. This type of letter informs someone that they have infringed on your property and demands that they immediately stop all use or misappropriation. Although you can contact another party yourself, it’s best to let an experienced intellectual property attorney draft the letter and handle communications. This ensures the other party takes your demands seriously. If they continue to use your intellectual property, your lawyer will move forward with litigation.
What to Expect During Intellectual Property Litigation
If an individual refuses to stop using your intellectual property after a cease and desist letter, you need to take legal action to stop their use. This means bringing a lawsuit, which typically will end up in front of a court. The exact forum for litigation depends on the type of intellectual property involved in your case.
For example, if a business stole your patented invention, your lawyer might have to litigate a dispute before the U.S. Patent and Trademark Office (PTO) or the Patent Trial and Appeal Board (PTAB). Trademark disputes typically go before the Trademark Trial and Appeal Board (TTAB), and other disputes might need to go before the U.S. International Trade Commission (ITC). A Dallas intellectual property litigator can review your case and advise you on the appropriate forum to take action for your circumstances.
Top-Rated Dallas Korean Intellectual Property Litigation Lawyer Near You
Multiple owners, infringement, trade secret theft, and misappropriation put intellectual property owners in a situation where they need to find an experienced lawyer to represent them. The top-rated Dallas intellectual property litigation lawyers near you can investigate your case and gather relevant evidence to support your claim when someone refuses to stop using your property. Additionally, lawyers who specialize in intellectual property understand the various state and federal laws that apply to your case and how to take action to protect your property from others. Finally, a Dallas intellectual property litigation attorney can help you protect your property before any disputes arise by helping with trademarks, patents, copyrights, and other protective tools.
Frequently Asked Questions
What is an intellectual property dispute?
An intellectual property dispute refers to a situation when another party infringes upon someone else’s intellectual property. The vast majority of intellectual property disputes fall under the umbrella of copyright infringement, trademark infringement, or patent infringement. However, corporate espionage can also give rise to a dispute. For example, a dispute could include someone bribing a company employee for trade secrets, client lists, or other insider information. Litigation attempts to resolve the dispute by stopping the infringement and recovering damages for the legal property owner.
Who enforces intellectual property law?
Different government entities enforce intellectual property laws. The exact organization depends on the type of intellectual property. When your property is infringed upon, you need to bring a lawsuit—typically to federal court—for enforcement to take place. The most common government agencies involved with enforcement on a federal level include:
• U.S. Patent and Trademark Office (USPTO). The USPTO issues and monitors federally registered trademarks and patents.
• U.S. Copyright Office. The U.S. Copyright Office monitors and enforces copyrights registered at a federal level.
• Office of Intellectual Property Enforcement (IPE). U.S. trademarks, copyrights, and patents do not protect intellectual property globally. The IPE helps with the protection and enforcement of intellectual property rights worldwide by working with foreign diplomats.
• U.S. Customs and Border Protection (CBP). If you are IP owner, you can register your Registered Trademarks or Copyrights through CBP’s e-recordation program and enforce your right.
How do you establish intellectual property?
Once you write something, create a logo, or invent something, it is yours. However, you need to signal to others that it’s off-limits by establishing intellectual property. Sometimes establishing intellectual property is as simple as registering a trademark or patent or filing a copyright. Other times, it requires additional or different steps. The best way to establish intellectual property and ensure its protection is to consult with an experienced Dallas intellectual property lawyer who can provide the best path for your situation.
Hire a Dallas Intellectual Property Attorney that Is Prepared to Fight
If you are facing issues with infringers or cross-ownership claims, then you need the proven legal counsel of Dallas intellectual property attorney at Sul Lee Law Firm PLLC. Your team can schedule an initial consultation with ours by calling (214) 206-4064 or sending us a request via our online contact form.
Intellectual Property Litigation Services We Offer
Sul Lee Law Firm PLLC is prepared to represent defendant or plaintiff parties in all matters of intellectual property litigation involving Texas businesses. We can help you devise a strategy to defend your organization in the following areas:
Patent Litigation Matters
From cease-and-desist orders to making claims for damages, we pursue IP infringers on your behalf. In matters involving defendant-side actions, our team of Dallas business attorneys will protect your interests against accusations.
Trademark Infringement Issues
Trademark infringement is the result of your brand identifiers—such as logos and slogans—being used by competitors or counterfeiters. We make things right by going to court and proving your rights of use, licensure, and reproduction.
Copyright Violation Cases
You don’t have to stand idly by if your creative, written works are being used by others for profit or gain. Our Dallas intellectual property lawyers at Sul Lee Law Firm PLLC defends the rights of entrepreneurs and businesses who need to litigate matters involving the use of their works without express or direct permission.
Speak with a Dallas Intellectual Property Attorney If You Are Facing Litigation
The best defense is taking proactive measures when it comes to prosecuting an intellectual property matter in court. The more time you have to prepare for a case, the better.
Therefore, as soon as the possibility of potential intellectual property litigation is on the table, it’s critical to seek the legal counsel and representation of an experienced intellectual property lawyer in Dallas who understands that intricacies in this area of law.
If your company needs to discuss litigation matters with an experienced business attorney in Dallas, Sul Lee Law Firm PLLC is here to help. We offer an initial consultation to new clients for a case evaluation and proposed course of action. Your team can schedule a meeting with our firm by calling (214) 206-4064 or sending us a request via our online contact form.
The Sul Lee Law Firm, PLLC assists clients throughout Dallas and the rest of Texas in their intellectual property litigation cases. We have helped clients in Plano, Richardson, Fort Worth, Irving, Frisco, Carrollton, Taylor, Garland County, and Collin County protect their intellectual property through successful litigation.