How Companies Decide Whether to Enforce IP Infringements
Type of IP and cost-recovery analysis come into play

by Julia Cardi

When intellectual property gets infringed upon, even companies with lots of resources to pursue legal action have decisions to make about whether to go after the infringer.

Merchant & Gould partner Ryan Fletcher offered up some insights on considerations for companies that see their intellectual property infringed. He said while they can vary based on a company’s size or the type of intellectual property it has, the general premises are the same.

Having a strong internal intellectual property strategy at the outset — such as deciding in what circumstances to pursue legal action and what intellectual property to register — makes enforcement much easier, Fletcher said. As one component, registering copyrights costs very little, and it opens a path for a company to bring legal action against infringers and to recover statutory damages. Other strategic considerations include having a distinctive trademark that will have legal strength and concrete use agreements with business partners.

To read this story and other complete articles featured in the June 10, 2019 print edition of Law Week Colorado, copies are available for purchase online.