Upon realizing that another party is infringing upon your ownership rights over a piece of intellectual property, there is no question that you must react to it. The question may lie in exactly what action to take, whether it be a measure as minor as a cease and desist letter or a more drastic legal motion. Further, you may have to choose between taking one of two legal routes, namely a settlement or a litigated trial. Continue reading to learn when you should settle or take your infringement case to trial and how an experienced Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm can represent you in either case.
When should I settle my intellectual property infringement case?
If you are leaning toward entering settlement proceedings, your lawyer may guide you through gathering evidence for the initial investigation; making settlement demands; and reaching a settlement agreement. Without further ado, below are some of the benefits you may reap from settling your intellectual property infringement case:
- You may not want to completely sever your relationship with the defendant, if they are a friend, family member, business partner, or otherwise someone close to you.
- You may offer the defendant a chance to enter a valid agreement to legally use your intellectual property, thereby allowing you to earn a profit.
- You may have the defendant’s infringing activities put to a stop sooner, thereby cutting the amount of monetary damages you incur.
- You may save yourself innumerable hours in the courtroom, thereby saving on associated legal fees.
- You may want your case to have a predictable outcome with guaranteed financial compensation.
Is it better to take my infringement case to trial?
If the defendant is unwilling to enter a settlement agreement meeting your demands, your case may become a litigated issue. Meaning, it may have to be tried before a jury. Without further ado, below are some benefits you may reap from taking your intellectual property infringement case to trial:
- You may believe that you require a greater amount of financial compensation for your monetary damages that cannot be possibly negotiated in a settlement.
- You may believe that the defendant acted in bad faith, thereby needing to be ordered to pay punitive damages to deter such infringing activity in the future.
- You may believe that the defendant may be ordered to pay for your legal fees, thereby making the extensive trial proceedings worth it for you.
If you are still unsure as to which legal route to take, it may help to have an honest conversation with your lawyer about your needs. There is much to consider before settling or taking your infringement case to trial. So your next order of business should be to initiate a conversation with a skilled Essex County, New Jersey intellectual property lawyer. Someone at The Ingber Law Firm is awaiting your phone call.
