How to Handle Intellectual Property Infringement Cases Effectively
Intellectual property (IP) is the lifeblood of innovation and creativity. Whether you’re an artist, a small business owner, a software developer, or a major corporation, your intellectual creations are valuable assets that should be protected. Unfortunately, these assets are frequently targeted or misused by others. When that happens, swift and strategic legal action is crucial.
Our civil litigation attorneys at Confidant Consult, PLLC, serve Grand Rapids, Michigan. We often advise clients who are facing intellectual property infringement issues. Whether you're the owner of the IP or the party accused of infringement, the process can be overwhelming. Here, we will guide you through the essential steps of handling IP infringement cases effectively.
The Basics of Intellectual Property Infringement
Before reviewing legal strategy, it's important to understand the types of intellectual property and what constitutes infringement. We’ll identify the different types of intellectual property and what is meant by the term “infringement.” Here are some terms to understand:
Copyrights: Protect original works of authorship, such as books, music, software, and visual art.
Trademarks: Protect brand identifiers like logos, slogans, and product names.
Patents: Protect inventions and processes that are novel, useful, and non-obvious.
Trade Secrets: Protect confidential business information, such as formulas, customer lists, and marketing strategies.
Each of these categories is governed by its own set of rules, and enforcing your rights will depend on correctly identifying which type of intellectual property is at issue. A well-informed legal approach starts with recognizing the nature of your IP and the protections it’s entitled to under Michigan and federal law.
What is Infringement?
IP infringement occurs when someone uses your protected material without permission or legal right. This could be done knowingly or unknowingly, but the results are the same - your work is used without your express permission. Examples of intellectual property infringement include the following situations:
Copying and distributing copyrighted content
Using a confusingly similar logo to mislead consumers
Selling a patented invention without authorization
Disclosing or using trade secrets unlawfully
No matter the form it takes, infringement can undermine your competitive edge, damage your reputation, and result in significant financial loss. That’s why it’s essential to take swift, strategic action to protect your rights and prevent further unauthorized use. Identifying the infringement early and understanding how it impacts your business are critical first steps.
Identify and Document the Infringement
The first step in any IP infringement case is thorough documentation. As your attorneys, we’ll want to see clear evidence of the unauthorized use. This may include screenshots of a website using your copyrighted material, photos or samples of infringing products, copies of contracts, registrations, or NDAs, or emails that demonstrate intent or knowledge
In Michigan, as in most jurisdictions, courts expect the plaintiff to prove ownership of the IP and the occurrence of infringement. Documentation is your foundation, and it is crucial that you keep a timeline of events and preserve all communications. When you work with us at Confidant Consult, PLLC, we can help you determine what documentation is important for your case.
Determine Jurisdiction and Venue
IP cases often fall under federal jurisdiction, especially in cases involving copyright and patent law. However, many trademark and trade secret disputes can be litigated in Michigan state courts under the Michigan Uniform Trade Secrets Act (MUTSA) or under common law torts like unfair competition or misappropriation.
Choosing the right court depends on the nature of the claim. Federal court is the appropriate choice for copyrights, patents, and federally registered trademarks. Michigan State Court is where cases are brought that involve trade secretes, unfair competition, or disputes base solely on state law.
Verify Ownership and Registration
To bring an IP infringement claim, you must prove that you own the rights in question. This includes several different types of ownership rights. The following are some examples of the types of intellectual property claims you may claim:
Copyrights: Registration with the U.S. Copyright Office isn’t mandatory but provides legal advantages, including statutory damages and attorney’s fees.
Trademarks: A federally registered trademark gives you nationwide protection. State registration or common law use may still provide rights within Michigan.
Patents: Must be registered with the United States Patent and Trademark Office (USPTO).
Trade Secrets: Ownership is established through internal policies, confidentiality agreements, and security measures.
If you haven’t registered your IP yet, our attorneys at Confidant Consult, PLLC can advise you on how to secure your rights while pursuing infringement claims. It’s important to work with attorneys who have experience in the area of intellectual property infringement. We have worked on many such cases in the past and are ready to help you with your case as well.
Issue a Cease and Desist Letter
Often, the first step in enforcing your rights isn’t filing a lawsuit, but sending a cease and desist letter. This letter notifies the alleged infringer of your claim and demands that they stop the unauthorized use immediately. Our attorneys can help you write an effective cease and desist letter. In Michigan, these letters are often effective because:
Many infringers are unaware they're violating IP law.
It gives the infringer a chance to comply voluntarily.
It creates a paper trail for potential litigation.
However, a poorly worded or overly aggressive letter can backfire, triggering a declaratory judgment action or damaging settlement prospects. As your attorneys, we’ll craft a letter that balances assertiveness with diplomacy to yield the desired response from the recipient. If the IP infringement continues, we can help you determine the right course of action.
Initiate Litigation If Necessary
When out-of-court remedies fail, the next step is to file a lawsuit. This can become complicated as it contains several phases. A skilled civil litigation attorney can help you walk through the process. Our firm is ready to help you understand what lies ahead. Here’s what the litigation process typically involves:
Filing the Complaint
Your complaint will outline the IP you own and how it is protected. It will also detail the nature of the infringement and the damages you’ve suffered as a result. Finally, your complain will make the case for the relief you’re seeking, whether that’s injunction, damages, or something else. A well written complain is essential to your case.
Temporary Restraining Orders and Injunctions
In cases of ongoing harm, we may request a temporary restraining order (TRO) or a preliminary injunction to stop the infringer immediately. Michigan courts will consider several things in this case:
Likelihood of success on the merits
Irreparable harm
Balance of harms
Public interest
When requesting injunctive relief in Michigan, it’s essential to present a compelling narrative supported by solid evidence. By meticulously addressing each factor the court considers - especially the likelihood of success and the potential for irreparable harm - we’ll strengthen your position and increase the chances of securing immediate relief.
Discovery Phase and Settlement Negotiations
During the discovery phase of litigation, both sides exchange evidence, documents, and testimony. Discovery is critical for building a strong case or reaching a favorable settlement. If information isn’t disclosed during this step of the process, it can have an adverse effect on the outcome of your case.
Most IP cases settle before trial. If negotiations begin, we’ll work so that your interests are protected and that any settlement includes clear terms for stopping the infringement, as well as possible financial compensation and provisions for future monitoring. Non-disparagement or confidentiality clauses may also be a included in the final agreement.
Trial and Judgment
If your case does proceed to trial, our attorneys will present your case before a judge or jury, arguing for a favorable ruling on your behalf. This might include injunctive relief and compensatory or statutory damages. In some cases the ruling might also include attorney’s fees and destruction of infringing materials.
Contact Our Skilled Civil Litigation Attorneys Today
Intellectual property cases are intricate and often involve high stakes. Michigan’s state and federal courts provide multiple paths for redress, but the outcome depends on preparation, legal knowledge, and strategic execution. Whether you're pursuing or defending against an infringement claim, having an experienced civil litigation attorney by your side is critical. At Confidant Consult, PLLC, we serve Grand Rapids, Michigan and the surrounding areas. Contact us today for help with your intellectual property infringement case.
