At our firm, we make good agreements. And because we write agreements, we know how to litigate them. If you have entered into an agreement that created a dispute, we also know how to negotiate the best way out, or fight your way out if necessary.
Intellectual Property Disputes
We will aggressively protect the rights of parties involved in commercial disputes. We handle litigation involving most types of intellectual property and other business issues, including
- Patent infringement
- Trademark infringement
- Copyright infringement
- Trade secrets
- Unfair Competition
- Domain Name Disputes
- Trade Dress Disputes
- Breach of Contract
- Breach for Nonpayment
- Repudiation and Rightful Breach
- Breach of Warranty and Breach of Commercial Warranties
- Breach by Nonperformance of Services
- Breach for Nondelivery or Delivery of Nonconforming Goods
Copyright and Trademark Litigation
It does you little good to spend the time and money to obtain a patent or register a trademark or copyright if you don’t aggressively protect against infringement. If you register a trademark, but intentionally don’t challenge an unauthorized use of the mark, you may jeopardize your rights in that mark.
When you obtain a patent or register a copyright or trademark, you may have the right to recover lost profits, monetary damages, statutory damages, attorneys fees and even treble damages. You may even be entitled to equitable relief, including preliminary and permanent injunctions to prohibit infringement.
When you find yourself involved in a lawsuit, or discover that you have reason to sue, there are time sensitive steps which you should take immediately in order to protect yourself and your assets. Ignoring a lawsuit will not make it go away, and not responding to a summons that you have received can result in a default judgment against you. Immediately contacting an attorney you trust is the best way to avoid negative consequences.
If you have never been served a summons before, or if you feel that you are ‘not the type of person’ that sues, fear and doubt may be building. The best way to alleviate this is to contact an attorney you trust to discuss what action is best for you to take. The worst thing a business owner can do is either panic, or sit on his/her rights until it is too late.
If a business owner has received notice of a lawsuit, the first instinct s/he may have is to call the plaintiff or his/her attorney. This is not a very good idea before consulting your own lawyer, as anything you communicate to your opponent or opposing counsel can be used against you in the litigation.
Do’s and Dont’s When You Have Been Served:
- Contact an attorney you trust
- Begin to gather relevant documents
- Contact the plaintiff or his/her attorney
- Provide the Plaintiff or his/her attorney with any requested documents until you have spoken to your lawyer
- Ignore the problem
If you believe you have a reason to sue a person or business who has breached a contract or infringed upon your rights, contact an attorney who can help you decide the best course of action. Remedy does not always involve filing a lawsuit, though it will give you piece of mind to speak with a knowledgeable and experienced lawyer who can help you find the right direction.
If you would like to contact us for a free consultation, find out more about the litigation process, or find out more about alternatives to litigation, fill out the form below or call (334) 356-7879.
By completing this form you agree to be contacted by the offices of Amanda B. Cook, Counselor at Law regarding the described legal needs. No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other attorneys. Contacting Amanda B. Cook through this form field does not create an attorney-client relationship. The information on this page is for educational purposes only and is not legal advice.