The idea of someone benefiting from items, products, and concepts that you have worked hard to create can be frustrating. You might feel obliged to react immediately in the best way you know how, but rash actions might lead to the loss of intellectual property. As one of the most reputable Trademark Attorneys Miami, we would advise you to pull back and take a breath.

Some of the advice we give our clients ranges from personal obligations to legal action. These include:

1. Taking time to evaluate the infringement. Assess which elements of your work have been used.

2. Rationalize – carefully analyze the similarities between the two products after you settle down. Acting out might hinder your objectivity, and this might lead to dire repercussions.

3. Consider Business Partnerships – dealing with infringement cases can be tiresome and daunting. You might consider establishing an agreement in which you gain financially from the infringer.

4. If you do decide to pursue stern action under the Copyright Infringement Miami, you should document the infringement and all communication you have with the other party.

What Does Infringement Constitute?

It is easy for businesses to determine whether their intellectual property has been infringed if there is a contract stating the role of all members. If one works on a project within a company, and there are no clear guidelines, you might find that the definition of infringement is lost.

One of the common ways people infringe on intellectual property is by recreating concepts. In such a situation, if the person was a part of the team that created the initial idea, you will need a lawyer to draw out the lines.

Others can copy, produce, sell, or display in public work that you have trademarked. This gives you the right to react to the infringement.

Steps to Follow

Once you identify a possible infringement, you need to get legal counsel to determine whether your observation is accurate. Consulting a lawyer also allows you to cool off and reasonably assess the situation.

With the assistance of your legal counsel, you should draft a cease and desist order notifying the company that if they do not oblige, you will take further measures. Ensure that you include what concept you are referring to, the type of infringement, the action you want them to take and their time limit.

If they do not comply with the demands in the letter, you should consider going to court. This process requires extensive knowledge of the laws on copyright and trademark; thus, ensure you get the right attorney to represent you.

Before you start the legal process, ensure that you have registered the trademark. In most cases, you will not receive compensation for any profits made before registration. However, you will protect yourself from incurring more losses.

Some of the remedies you might get include:

5. Court issuance of injunction orders

6. Payment for loss

7. Acquisition of all profit made by the infringer

8. Punitive damages

9. Attorney’s fees

This article should not be used in place of any legal advice. All Partnership and Operating Agreement Miami should be discussed with a Trademark Attorney Miami or other attorneys that has a business law background. Please contact us regarding the specific needs of your business.