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Great Neck, NY Intellectual Property Litigation Lawyers

Has your creative work been copied? Has your trademark been infringed upon? If so, you want an intellectual property attorney who can help you protect it! You worked hard to fashion your brand and establish a good reputation with regard to your creative work. When someone else tries to steal what you’ve built, it hurts your business and your brand and can threaten the livelihood you’ve worked so hard to achieve. If someone is infringing on your intellectual property rights, you should immediately stop the infringement before it becomes a bigger problem. If you’re being accused of infringement unjustly, you should make sure your reputation isn’t damaged as a result!

Our Great Neck intellectual property litigation lawyers can help you defend your business and your rights. Please contact us today to schedule a consultation and find out what we can do for you.

Great Neck Intellectual Property Litigation Lawyers

Options For Intellectual Property Disputes

Our seasoned attorneys can assist you in evaluating your specific situation, making the best strategic decisions, and navigating the legal process. Here are just some of the remedies that may be available to you in the event of an infringement:

1. You can file a formal notice of infringement by outlining the infringing use of intellectual property, providing evidence of infringement, and outlining the necessary steps to resolve the infringement.

2. You can attempt to resolve the issue by communicating with the infringer and reaching an agreement (perhaps in the form of royalties, licensing, or financial compensation for losses sustained due to the infringement).

3. If the site or service removes the content so that it can avoid liability, you can send what is called a Digital Millennium Copyright Act (DMCA) takedown notice.

4. You may want to consider exploring mediation or other alternative dispute resolution methods, such as arbitration or negotiation. These approaches involve a neutral third party and can be cost-effective and convenient.

5. A lawsuit can be filed in the appropriate court, you can explain your case to a judge, or jury,  present evidence and arguments, and request any remedies the court is authorized to award—such as monetary damages, an injunction, and legal fees. Our Great Neck intellectual property litigation lawyers have extensive experience advocating for clients in the courtroom!

6. In situations where a transnational violation takes place, it might be necessary to pursue compensation in multiple jurisdictions via international arbitration, foreign tribunals, or even treaty rights or conventions.

7. You may be able to pursue administrative remedies through these government agencies or IP offices by registering complaints and asking for IP rights to be protected or infringements to be looked into.

Challenges To Intellectual Property Infringement Claims

Before pursuing a lengthy and expensive litigation case, it’s always a good idea to see what potential defense strategies the defendant can employ to invalidate the infringement claim. There are several defenses and challenges that can be raised, of which you should be aware to help you evaluate the strength of your case and prepare your best defense. If you are accused of infringement, one of these strategies may help build your argument!

Fair Use

A frequently employed strategy to combat IP infringement is the concept of fair use. Fair use permits the limited utilization of copyrighted material without obtaining permission from the copyright holder. It is a commonly used strategy concerning copyrighted works like books, music, or films. This defense hinges on demonstrating that the use of the copyrighted material was transformative, non-commercial, and did not negatively impact the market for the original work.

Lack Of Substantial Similarity

An additional line of defense against intellectual property infringement is based on the concept of substantial dissimilarity. This defense asserts that the accused work does not bear significant resemblance to the original copyrighted work.

Invalid Rights

An argument that can be raised against allegations of IP infringement is the legitimacy of the IP rights in question. This argument examines whether the plaintiff’s claimed IP rights are truly valid.

Statute Of Limitations

One additional obstacle that can be presented against allegations of IP infringement is the statute of limitations. This defense asserts that the claim is no longer valid due to the fact that it was not filed within the legally prescribed time period.

Trust Pitcoff Law Group To Protect Your Creative Assets

As a client of Pitcoff Law Group, you can be assured that your intellectual property is in good hands. Our highly skilled and dedicated Great Neck intellectual property litigation lawyers are well-versed in all areas of IP law, and are committed to providing personalized and compassionate legal representation. We understand how much your creative work means to your livelihood and will vigorously fight to protect your interests.

Whether through negotiation, alternative dispute methods, or litigation, we are well prepared to advocate for your rights and help you obtain the compensation you deserve. If you believe that your intellectual property has been infringed, call Pitcoff Law Group today to set up a consultation. We’ll help to ensure that your creative work and brand are not only respected, but also protected!

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