Proving a breach of intellectual property rights in Georgia requires clear evidence and a well-structured approach. While IP itself is often intangible, you need tangible proof to receive compensation for a violation.
Intellectual property can include trademarks, copyrights, patents and trade secrets. There are established steps you can follow to successfully prove a breach of your rights regarding any of these valuable IP items.
Establish ownership of the intellectual property
The first step is to demonstrate your ownership of the intellectual property. For trademarks, this may involve presenting a registered trademark with the United States Patent and Trademark Office. In the case of copyrights, proving ownership might require showing the work’s registration with the U.S. Copyright Office. Patents require evidence of the patent’s grant, while trade secrets may need documentation of measures taken to keep the information confidential.
Demonstrate the infringement or unauthorized use
Pursuing an IP violation lawsuit requires proving that another party used the intellectual property without permission. For trademarks, this might entail showing that a competitor is using a similar mark that confuses consumers. Copyright infringement could involve proving that a third party has copied or distributed protected work without authorization. In patent cases, the claimant must show that the alleged infringer made, used, sold or imported the patented invention.
Prove the connection between the breach and damages
It is also necessary to show a connection between the breach and the actual damages you suffered as a result. This could involve showing financial losses, loss of business opportunities or damage to your brand’s reputation. In some cases, proving the intention behind the breach might increase the chances of receiving damages.
Intellectual property can be a murky concept to navigate, but there is no denying that IP infringements can cause catastrophic harm to your business. Swift and appropriate action is necessary for protecting your interests and preventing future infringements.
