Trusted Legal Help With Copyright Infringement For Plaintiffs And Defendants

Is it possible for two musicians to compose a similar melody without ever being aware of the other's song? Can two scientists make a simultaneous discovery? Copyright infringement cases can be confusing. How do you know if similarities present an actionable case?

It is important for your company, or for you as a creator and owner, to enforce your intellectual property rights vested in your copyright as soon as you are aware of infringing activity. Unauthorized use of your original work destroys its value. Unchecked infringement can result in the total loss of enforceable copyrights.

On the other hand, getting notice that your company has infringed another's IP can damage your image, expose you to liability and restrict your commercial activity. Whether you are alleging or defending an infringement action, Paul C. VanSlyke can protect your rights and interests. He has extensive experience in state and federal courts, administrative agencies and the U.S. Trademark Trial And Appeal Board. Mr. VanSlyke has litigated complex, high-value IP cases in Texas and across the country for over 30 years.

What Are The Remedies For Copyright And Intellectual Property Infringement?

The remedies available to a plaintiff alleging infringement depend on the type of intellectual property law in question, the level of protection the IP enjoys and the provable harm the infringement has done. In general, there are two broad categories of remedies:

  • Injunctive relief — Filing a court order to stop the infringing activity. This can include an order to destroy the infringing products. Injunctive relief ends the unauthorized use, but does not compensate the IP rights owner for losses.
  • Damages — Filing a court order to compensate the IP rights owner for losses incurred because of the infringement. In common law, a complaining party can only claim damages it can prove, based on evidence such as its loss of market share during the time the defendant was infringing or the defendant's profits due to infringing activity. A registered copyright will allow the court to apply standards in the law to estimate reasonable damages even when the plaintiff cannot prove monetary losses.
  • Negotiated license agreement — The IP owner and the alleged infringer can create a mutually beneficial settlement. For example, the defendant can use the plaintiff's IP in exchange for royalty payments.

To understand the level of protection your IP has, and the remedies available for an infringement, it is important to consult a knowledgeable IP lawyer. Mr. VanSlyke strives to resolve disputes without litigation, but he is fully prepared to defend clients or prosecute competitor claims in state and federal courts.

Contact A Knowledgeable Copyright Law And Trademark Litigation Attorney Today

When the case is complex, and the outcome is vital to your company, choose an attorney with a strong track record. Paul C. VanSlyke, Senior Counsel at Hoover Slovacek LLP, represents corporate and individual clients as plaintiffs and defendants in copyright litigation actions. To schedule a consultation, call the firm in Houston at 713-364-0730 or complete the online form.