Intellectual Property Litigation
You own it. Enforce it.
Unfortunately, contrary to common belief, IP rights are not necessarily invincible. They require strict policing and enforcing by the owner in order to maintain the integrity of the property. It is not necessarily pleasant nor easy, but every IP owner would be well-served to have an enforcement strategy in place to handle infringement, counterfeits, copycats, misappropriations, and any other damaging third-party use. This can take many different forms, and there is no one-sized fits all answer for every need. One of our licensed attorneys can assist in developing an iron-glad plan that fits both your business’s needs as well as its budget. Effectively enforcing your brand identity, invention, work of art, or confidential information could be the difference between a one hit wonder and a “CocaCola”-esque institution.
Our enforcement services can include, for example:
Take-Down Notices.
E-commerce marketplaces (think Amazon, Ebay, Etsy, Ali Baba, etc.) are ripe battle grounds for copycats, counterfeits, and rampant IP infringement. Many of these e-commerce marketplaces have now implemented robust trademark enforcement procedures. However, these mega corporations have a massive influx of cases and claims, and having an experienced attorney can help you avoid common errors that can lead to delays — and lost profits! — during the process. We are here to help, and are happy to provide a free 30 minute consultation to determine your specific needs and to provide a quote.
Cease & Desist Letters.
A good cease & desist letter toes the line between stern and aggressive, and lets the infringing party know that you are on to them and that serious consequences will follow if they don’t give it up. It is important to analyze the needs of the situation when drafting a cease and desist letter, and to determine what tone to take. Gugliotta & Gugliotta, LPA’s licensed attorneys work hard to craft artful and effective cease and desist letters for our clients. Contact us today for a free 30 minute consultation and quote!
Negotiating Settlements.
While a cease and desist letter is usually how IP enforcement procedures commence, a settlement agreement can be an effective and efficient resolution to protect your brand. As an IP owner, your top priority should be to stop instances of unauthorized infringement, least your hard-earned IP rights may become less iron-clad than they were. Many times, this can be accomplished without time consuming and expensive litigation seen through to the end. Indeed, a settlement agreement is a perfect opportunity to effectively and efficiently show that you have actively policed your intellectual property rights. Our experienced attorneys can effectively and efficiently aid in your long-term protection of your trademark(s), brand name(s), patent(s), copyright(s), and trade secret(s).