Know what some of the more common infringement types are

| Aug 20, 2020 | Intellectual Property Litigation

If you create something that others want, you’ll always have someone trying to replicate your work. They’ll do this in hopes that they too can make some financial proceeds. It’s common for someone to infringe upon another person’s intellectual property rights by introducing counterfeit products. There are other types of infringements, such as brand abuse, though, as well. It’s possible to accuse anyone who may have violated a copyright, patent or trademark of infringement.

Brand abuse may take on many different forms. Someone may attempt to counterfeit or create replicas or knock-offs of items of a product. They may try to list items for sale online under a company’s trademark or use an item’s design despite not being authorized to do so. An individual or business entity may also engage in piracy or otherwise infringe upon another party’s copyright. Some companies may even try to impersonate other brands by setting up websites in their trademarked name or participate in trademark squatting.

Alleged infringers may counterfeit or replicate an item so that it looks like the authentic product with the intent of utilizing a company’s trademark or patent to reap some financial benefit. Look-alike or knock-off items may seem like the original item, yet have been made without the intellectual property owner knowing about its existence. Litigation is often the only way to resolve these types of disputes.

Sometimes, third-party sellers list items online that depict a brand’s image, description or title without their authorization. The products that they’re selling may not be originals, but instead, similar brands. This type of activity is known as brand name or logo misuse.

Piracy occurs when copyrighted material such as books, compact discs (CDs), digital video recordings (DVDs), video games or software is copied or reproduced without the authorization of the intellectual property owner. Any alleged infringer that establishes links to pirated material so that others can view it illegally online may also face piracy charges.

Many Roseville companies attempt to protect its value by copywriting, patenting or trademarking their creative works. If someone violates your company’s intellectual property rights, you may be able to secure an injunction against the tortious party and thus recover damages. Let an attorney who is experienced in fighting for your idea advocate for you in your California case if you want to achieve the best results.