At The Ingber Law Firm, we understand that it is no fun to be on the receiving end of an intellectual property infringement lawsuit. This is especially true if you believe that this legal action is unfounded. In this case, you must first and foremost ask the question, “Why was this case filed against me?” Continue reading to learn the most common circumstances in which a trademark or copyright infringement case might be filed and how an experienced New Jersey intellectual property litigation lawyer at The Ingber Law Firm can help you in these legal proceedings.
Under what circumstances might a trademark infringement case be filed?
Simply put, the owner of a registered trademark might file an infringement case against you if you promote an unregistered mark, or attempt to register a mark, that is similar or identical to theirs. With this, the plaintiff may argue that you are threatening the strength of their original mark, which already has an established standing in the marketplace. Or, they may claim that your similar mark is used for products that are in too close of a proximity to theirs. They may even go as far as providing evidence that consumers have been confused and have purchased your product over theirs due to your similar mark.
Rest assured, you may adopt a solid defense against any of the accusations mentioned above. For example, you may defend that the plaintiff lost their right over a registered mark due to their abandonment or due to the mark becoming generic, among other reasonings.
What is the most common reason for a copyright infringement case to be filed?
In a similar sense, the owner of a copyright might file an infringement case against you if they believe that you have appropriated and thereby devalued their creative work. With such an accusation, you may take on any one of the following defenses:
- You may defend that the plaintiff does not own the copyright to their creative work in the first place.
- You may defend that the plaintiff’s creative work is in the public domain and thereby cannot claim copyright.
- You may defend that the plaintiff granted you oral or written permission, or an official license, to use their creative work.
- You may defend that the state of New Jersey’s statute of limitations for a copyright infringement claim has passed (i.e., three years from the date of infringement).
It is worth mentioning that The Ingber Law Firm may also represent you should you wish to be the plaintiff of a trademark or copyright infringement claim. Nonetheless, whether you filed or have been served with a lawsuit, you must first consult with a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm. Contact our firm today.
