IP Enforcement & DefenseLitigation - Mediation - Negotiation
Many cases of intellectual property infringement require the holders of intellectual property rights to assert those rights. Warshaw Burstein, a leading IP firm serving clients in New York City and around the world, provides counsel and resources for enforcement of intellectual property rights and defense against claims of infringement.
IP Enforcement and Defense ConsiderationsWhen clients approach the firm due to an alleged infringement of their IP rights, a review of the case, the actual financial costs of the infringement, and the success of launching a challenge are all weighed in order to identify an optimum IP enforcement strategy. In advising clients about the best IP enforcement and defense strategies, Warshaw Burstein considers many factors, including:
- Monetary damages
- Valuation of the market
- Costs of litigation
- Need for extensive discovery
- Need for expert witnesses
- Exposure & Risk
The use of similar trademarks of IP owned by a party which leads to confusion can be the grounds for infringement. The production of derivative works in copyright cases can constitute infringement. Regardless of how an IP enforcement or defense case arises, the firm tailors the enforcement strategy for each client's specific case.
Since IP enforcement is governed by national and international tribunals and agreements, the firm's IP colleagues around the world assert client interests in all relevant markets. Investing in resources to serve clients' needs, the firm receives around-the-clock information about clients' trademark, copyright and patent rights across the globe.