Business Litigation And Intellectual Property
We understand that business disputes can have a significant impact on your company, and that you need a knowledgeable, skillful attorney to represent and protect your interests. We provide our clients with direct access to attorneys with exceptional depth of experience and effective, cost-efficient representation.
Due to the firm’s size and cost structure, Heninger Garrison Davis is able to provide legal representation of the highest caliber at billing rates which are substantially less than those at large law firms or under alternative billing arrangements, including contingency fee arrangements where applicable.
Our business litigation attorneys represent companies across a broad range of industries in complex litigation and alternative dispute resolution proceedings, such as arbitration. We aggressively defend and pursue our clients’ interests in matters such as:
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Protection is Proactive
In the area of intellectual property law, Heninger Garrison Davis understands the vital importance of protecting and defending proprietary rights that may include patents, copyrights, trademarks, trade dress, images, brands, and services of our clients. Commercial intellectual property environments are complicated. Challenges often arise contesting patent, trademark, or other rights. Our attorneys possess the skill and experience to evaluate and execute alternatives to best protect, enforce, and defend client intellectual property rights.
Copyrights protect the original expression of ideas in a broad spectrum of media – including software, instruction manuals, novels, music, sculptures, paintings, and dramatic works. Copyright ownership vests in the “author,” or creator of the work, or in an employer if the work is created by an employee and is within the scope of his or her employment. Owners of copyrights have the exclusive rights to reproduce, adapt, publicly distribute, publicly display, and perform their works.
The intellectual property attorneys of Heninger Garrison Davis help clients safeguard their copyrights and investment in works of authorship. We have represented clients with copyrights on a wide range of works that include:
- Computer software
- Online and interactive video games
- Literary works
- Works of art
- Compilations of data
- Audiovisual works
- Sound recordings
The vigorous enforcement and protection of patent rights in federal courts throughout the country is one of the foundations of Heninger Garrison Davis’s practice. The attorneys in our patent litigation department are experienced in every facet of patent infringement litigation, from pre-suit investigation of accused products and claims analysis to trial and appellate practice before the United States Court of Appeals for the Federal Circuit.
The patent litigators at Heninger Garrison Davis also have experience litigating patent-related matters before the International Trade Commission and the United States Patent and Trademark Office.
We are dedicated to protecting the rights of patent holders across a wide spectrum of technological areas, from cutting edge energy and telecommunications applications to highly sophisticated industrial methods and manufactures to consumer and recreational products found on major retailer’s shelves across the country. Our attorneys have filed suits in courts all across the United States seeking monetary damages and injunctive relief for clients against infringing manufacturers.
To date, we have recovered millions of dollars in settlements and judgments on behalf of patent holders, and are fully prepared to initiate complex and very costly patent litigation on a contingency fee basis which we’ve found is of enormous benefit to many of our clients who would not be able to effectively bear the costs of legal action themselves.
We DO NOT handle Patent Prosecution for new patents, however, we can refer you to someone who does.
Heninger Garrison Davis recognizes that a client’s trade or service mark — its brand — can be a vitally important asset. Our trademark attorneys possess extensive experience in all areas of trademark and service mark protection and practice.
Heninger Garrison Davis attorneys handle trademark and related disputes at all levels, including trademark infringement, trade dress infringement, unfair competition, false advertising, and domain name disputes. The Firm also guides clients through these matters from the client’s first awareness of a potential dispute, through initial contacts between the parties, litigation, if necessary, and settlement.
Pro-active protection of trade secrets includes non-disclosure agreements, confidentiality agreements, and non-compete agreements. Trade secrets can be protected from being acquired by your competitors through the use and enforcement of these agreements. Your attorney can help you draw up legally binding agreements.
Swift, legal action may be necessary if a competitor obtains a trade secret through means such as espionage or misappropriation.
Misappropriation is taking things you are not entitled to, such as trade secrets, ideas, names, and likenesses. It can also involve taking a person or a company’s reputation by misappropriating an image or a name, or by engaging in trade dress infringements, to confuse consumers into unknowingly doing business with a competitor. Severe and sometimes permanent harm can be inflicted on a company by misappropriation.
A recent extension of misappropriation is business identity theft, where someone or a different business deliberately pretends to be the targeted business. Using publicly available information and cyber hacks, criminals can obtain client lists, customer data, trade secrets, and other confidential information.
In some cases of business identity theft, the criminals simply engage in fraud to steal money. They take out loans in the name of the business or get customers to pay for goods and services that are never supplied. However, in other cases, the criminals impersonate the business and steal all of the customers. Then, they go on to ruin the company’s reputation by providing inferior products, services, and customer service. The FBI says one recent case led to a company losing billions in market shares due to damage to its reputation.
Misappropriation and identity theft need to be dealt with swiftly through the courts to limit the widespread damage that they can cause.
Frequently Asked Questions
The team at Heninger Garrison Davis, understands the impact that business disputes can have on your company. We have extensive experience assisting business owners just like you with a wide variety of legal matters. We’ve provided the following general answers to some frequently asked questions below, and we’ll be ready to discuss your specific situation during a confidential consultation when you reach out to us.
A: Business litigation is used to resolve issues that arise between two businesses. In some cases, it involves lawsuits, but the majority of business litigation cases can be settled through discussions guided by an experienced attorney.
A: During discussions over a dispute between businesses, if you hire an attorney, you are much more likely to come to an agreement that both parties find acceptable. An experienced attorney can guide the discussion within a framework of the law and provide clear-headed, objective counsel after reviewing all of the facts. Your attorney can also point out the benefits and downsides to accepting a particular agreement versus proceeding with further discussions or filing a lawsuit.
In addition, if your business has been served or has received threatening letters about a dispute, it is vital that you contact an attorney as soon as possible. If you end up in court, you will need an attorney. While individuals can represent themselves in court, businesses and corporations cannot.
A: Call our firm and explain what the issue is. We frequently handle intellectual property disputes on a variety of legal matters, and we can advise you about your options for any particular dispute.
A: Insurance coverage disputes fall into the general category of contract breaches, but in some cases they fall into the category of fraud and deceptive business practices. In other case, call our firm immediately to discuss the situation.
A: A written timeline of what happened is essential. It should cover what happened, including information about when, where, and who, in detail. In addition, copies of all contracts, letters, emails, texts, messages, and video/photographs, if available, are vital.
It may be time-consuming and expensive to gather all of the documentation, but a full understanding of the situation is crucial in order to successfully resolve the issue.
A: Call our office immediately and discuss the situation with our experienced attorneys. They can evaluate your concerns and advise you as to whether they are valid and what your options are.
Even if you feel you are not ready to file a suit, consult one of our qualified lawyers as soon as possible so that you will know your options. We do not charge any fees upfront. In fact, we will only charge attorney’s fees if we obtain a financial settlement for you. If you don’t win, we won’t get paid a legal fee.