Intellectual Property Law
What to Do When You Suspect Infringement
If you discover your intellectual property has been stolen or used without permission, you should seek legal advice, even if you do not plan to sue. The various areas of IP law (patents, trademarks, copyright and trade secrets) are complicated, and your rights and remedies differ under each.
In general, your first step after discovering your IP has been stolen or used without permission is to contact the offender and ask them to stop. This is usually accomplished using a cease-and-desist letter. The letter should include, at a minimum, information about the work that has been infringed, the type of infringement (patent, copyright, etc.), and the action you want taken (remove material from a website, stop using a trademark, etc.).
Depending on the type of infringement, you may be able to file a civil case, a criminal complaint or both. Copyright, trademark and patent infringement can all be handled in civil court. Enforcing your intellectual property rights allows you to protect the value of your intellectual property, seek compensation, prevent further infringement, and deter misuse.
Catherine Rajwani
Principal Attorney
PHONE: 508-393-9244
EMAIL: crajwani@harborlaw.com
Catherine Rajwani is an intellectual property and business litigation attorney.
Ms. Rajwani handles a full range of intellectual property and business issues in her practice including patent, trademark, copyright, trade secret, contract and business tort disputes. She has participated in all phases of litigation, from pre-litigation counseling through trial and appeal, in federal courts throughout the country. She is also skilled in alternative dispute resolution proceedings.
Find out more about issues in our related practice areas
Intellectual Property Law
Trademark Protection
Trade Secrets
Copyrights
Patents
Intellectual Property Law
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