When Should I Accept an Intellectual Property Settlement Offer?

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You may be in the midst of litigation proceedings if you are disputing a registered or unregistered trademark. Or, it may be because you have been accused of copyright infringement or believe your copyright has been infringed upon. No matter what your intellectual property case may be, you must know when is the best time to accept a settlement offer. Read on to learn how a seasoned New Jersey intellectual property litigation lawyer of the Ingber Law Firm can guide you down the right path.

When is best to accept an intellectual property settlement offer?

Firstly, you must respond with strong and forceful litigation if any of the following apply:

  • Your intellectual property rights have been violated.
  • Your intellectual property has been exploited or infringed upon.
  • Your profitability has suffered at the hands of another party.
  • Your licensing agreement has been breached.

Generally speaking, you may want to settle your case if the offer is commensurate and if the other party admits wrongdoing. On the other hand, you may want to keep negotiating if you believe that you have proven your case based on a preponderance of the evidence and the defendant’s offer does not reflect that. This is especially the case if the defendant continually professes innocence.

When is best to renegotiate an intellectual property settlement offer?

Again, if you are not satisfied with the settlement amount the other party has offered, it is best if you renegotiate. To do so, you should follow the below advice:

  • You should calculate a specific and fair settlement amount.
  • You should not jump to accept the first settlement offer.
  • You should reemphasize the strengths of your defense.
  • You should wait patiently for a response on the new settlement offer.
  • You should know when it is necessary to involve an attorney.
  • You should put the new settlement offer in writing once you are comfortable with it.

With all that being said, it is recommended that you retain the services of a competent Essex County, New Jersey intellectual property lawyer to help maximize your settlement offer. Our team will not only defend you and your rights but determine what settlement offer best meets your qualifications. Pick up the phone and give our firm a call today.


Whether you’re looking to register a copyright or trademark, are facing a dispute, or otherwise require the assistance of an experienced New Jersey intellectual property lawyer, you’re in the right place. Contact Ingber Law Firm today to schedule your initial consultation with our skilled and dedicated legal team.