Infringement claims: Overview, definition, and example
What are infringement claims?
Infringement claims are legal allegations that someone has violated the rights of another party, typically related to intellectual property (IP) such as patents, trademarks, copyrights, or trade secrets. These claims arise when a person or company uses, reproduces, or distributes someone else’s protected intellectual property without permission. Infringement claims are usually brought by the holder of the intellectual property rights who believes their rights have been violated, seeking to stop the infringement and often requesting compensation for damages.
For example, if a company uses a logo that is very similar to a registered trademark without permission, the owner of the trademark might file an infringement claim to protect their brand and seek legal remedies.
Why are infringement claims important?
Infringement claims are important because they help protect the intellectual property rights of creators, businesses, and inventors, ensuring that their innovations, designs, and branding are not used without permission. These claims serve to enforce the legal rights granted by intellectual property laws, which in turn incentivize innovation and creativity. If infringement claims are not addressed, it can lead to unfair competition, economic loss, and harm to the integrity of the intellectual property.
For businesses, handling infringement claims effectively is critical to maintaining their competitive advantage and safeguarding their assets. For IP holders, taking action against infringement helps preserve the value of their intellectual property and avoid the dilution of their brand or product.
Understanding infringement claims through an example
Let’s say a software company develops a new application and patents a unique feature. However, a competing company releases a similar application that uses the patented feature without permission. The software company could file an infringement claim against the competitor, accusing them of patent infringement and seeking compensation for any losses caused by the unauthorized use of the patented technology.
In another example, a small clothing brand may create a distinctive logo and register it as a trademark. If a larger retailer starts using a logo that is too similar to the brand’s, the clothing brand may file an infringement claim, arguing that the retailer is violating its trademark rights and causing confusion in the marketplace.
An example of an infringement claim clause
Here’s how an infringement claim clause might appear in a contract:
“The Party acknowledges that any use of the intellectual property belonging to the other Party, including but not limited to trademarks, patents, or copyrighted materials, without prior written consent, may result in an infringement claim. The Party agrees to indemnify and hold harmless the other Party from any claims, damages, or losses arising from such infringement.”
Conclusion
Infringement claims are legal actions taken by the holder of intellectual property rights to protect their creations from unauthorized use by others. These claims are vital for enforcing intellectual property laws and ensuring that creators and businesses can benefit from their innovations. Addressing infringement claims helps prevent unfair competition, protects brand value, and maintains the integrity of intellectual property.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.