Infringement and Litigation

Services in India & the US

Intellectual property assets represent significant value for businesses and individuals alike. In the modern world, the creation of intellectual property has exploded. In this scenario, it can be very difficult to protect your intellectual property. Your application must be specific or any number of registered assets can overlap with and obstruct your registration. Our expert attorneys can help craft your application to maximize your chances of registration.

Counterfeited goods are the replicas of the real products, usually produced with the intent to take unlawful advantage of the goodwill and stature of the real product. Imitating an already registered and established trademark to sell goods or services which one is not authorized to do is termed as counterfeiting. A product will be considered to bear a counterfeit trademark if it contains any mark that identifies as it is coming from a source that is normally associated with the distribution of the product but it does not come from that source. In simple words, using a trademark that is registered already in someone else’s name to sell your own products.

When a person sells goods produced by him as goods made by another is known as passing off. However, passing-off claims are generally challenging and expensive to fight. It might involve necessary market research in order to decipher the reputation of product (for passing-off) and a study to understand whether the product is actually being passed-off or not. Our expert attorneys can support your business by taking necessary action on your behalf and defend you if you are accused for passing-off.

Piracy refers to the online theft of a work – use of the work without the express permission of the owner. It involves unlawful stealing and infringement of someone else’s work by producing it as their own without the valid permission of the owner. Pirates can also sell unauthorized reproductions of protected work. By avoiding license or purchasing fees, the pirate has to bear no cost except for the cost of reproduction which is very minimal. This prevents the owner from realizing the profits which he could have received from the sale of such item.

The doctrine of “fair use” is applicable to copyrighted works that permits use by third parties for limited purposes. When an act falls within the definition of fair use, there is no need for the copyright owner to grant permission for such a use. For example – educational institutions have the permission to buying only one copy and sharing the same within the organization for educational and research purposes. In such situations whereby, the user is conforming to the conditions specified by fair use, the user is not violating the rights of the copyright owner. Problems arise in understanding as to what constitutes fair use as it depends from case to case. In situations where a person has not applied fair use, there is a possibility that there is an IP violation. In order to remain safe from any civil suit for IP violations, it is important to utilize fair use very judiciously. It is also essential to safeguard your work from prospective violators while avoiding pursuing cases that may not succeed. Our attorneys can guide you through this process.

IP Dilution is the misuse of a well-known trademark and its reputation. The unauthorized use of this well-known trademark causes a certain confusion in the minds of the consumer. Dilution applies only to trademarks. This right to prevent infringers from using a trademark lies only with the owners of well-known trademarks. In India & the Us, the onus to prove dilution lies on the owner of well-known trademark to demonstrate that the fraudulent activities tarnished the reputation of their trademark and created confusion in the minds of their consumers.

Using someone else’s IP without taking proper consent from the rightful owner of such IP counts as IP infringement. Unlike dilution, IP infringement may be for patents, trademarks as well as copyright. The laws pertaining to different types of IPs in India provide separate civil as well as criminal remedies for the aggrieved IP owner. In the US, this can involve mixed matters of state and federal law. Our attorneys ensure that your IP is not being infringed in any way by scanning the market on a regular basis. We also help in representing our clients in complex issues of proving ownership of the IP. Our team of legal experts are always ready to help with any kind of legal trouble.

Regardless of the effort put in by an IP owner to register their IP in order to prevent infringements, conflict is often inevitable. Common disputes may pertain to infringement of your IP by third parties or attempts to remove protection from your IP. Without careful handling, these disputes can seriously harm your business. Our attorneys can guide you to the best suited form of dispute resolution and also represent you in any case of arbitration or mediation and ensure the finest outcome for our client.