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.