It can be infuriating when you discover someone has copied your product design, used your trademark or mimicked your proprietary software. “How long will this take to resolve?” might be one of the first questions that comes to your mind. Understanding the typical timeline helps manage expectations and business operations during what can be a lengthy process.
The initial assessment
These first few weeks involve evaluating your IP rights and evidence of infringement. If a competitor is using a logo similar to your registered trademark, an experienced IP attorney can analyze market confusion potential and review documentation of your prior use. This evaluation phase answers whether your case is strong enough before you commit to litigation.
Filing the complaint
Once litigation seems appropriate, your attorney will draft and file a formal complaint. For example, a restaurant owner who discovers another establishment copying their unique menu and branding would file a complaint to show serious intent and protect their creative assets.
Discovery phase
This information-gathering period can seem slow, but it is essential. It involves exchanging documents, answering written questions and recording testimonies. While costs may increase during this phase, the discovery might reveal that infringement is more widespread than you thought, potentially increasing damages and your settlement position.
Pre-trial motions
These legal steps can significantly affect case outcomes. For example, a software company might avoid a costly trial by filing a summary judgment motion when evidence clearly shows unauthorized code copying.
Trial and resolution
While the full process typically spans 12-36 months, understanding each phase helps with planning. Businesses can successfully move through this timeline with proper guidance, protecting intellectual assets while maintaining operations. Skilled IP counsel can often bring infringing parties to the negotiating table before reaching the trial stage.
Moving forward with confidence
While this timeline provides a general roadmap, every IP case is unique. Working with experienced IP litigation counsel gives you a trusted guide through each phase, protecting what you have worked so hard to build.
At Brick Business Law, P.A., we help businesses facing IP litigations. Contact us for a consultation.