Secure Your Business Assets With Intellectual Property Litigation
In today’s competitive market, protecting your intellectual property (IP) is crucial for maintaining your business’s edge. If someone else were to have access to your IP, it could drastically impact the value of your IP and the success of your business operations.
At Perry & Perry PLLP, we offer comprehensive litigation services to medium-large businesses, ensuring their valuable IP assets are secure. Whether you need assistance with patents, copyrights, trademarks or trade secrets, our experienced attorneys are here to help you navigate the complexities of the different types of IP law in Minnesota.
Common IP Law Cases
There are many ways that someone can violate your intellectual property rights. Once these violations take place, we can help you take swift legal action to put a stop to it and defend your IP and rights. Some of the most common forms of trademark issues we represent clients through include:
- Patent infringement: When another party uses or sells your patented invention without permission
- Trademark disputes: If another business uses a mark similar to yours, oversaturating the market with similar IP
- Copyright violations: We help creators take action against the unauthorized use of their work and secure fair compensation for its use
- Trade secret misappropriation: We provide legal strategies to address the theft or unauthorized disclosure of your trade secrets
These cases are not just a matter of seeking justice after a trademark violation; they are also about sending a message that these violations will not be tolerated.
What We Offer Our Clients
With over 60 years of combined experience, Perry & Perry PLLP is dedicated to providing exceptional legal representation for businesses in Minnesota. When you choose us to represent you, you can expect personalized representation from us as we aggressively advocate for your best interests. Our decades of experience can help secure swift and effective solutions that save you time and energy. We will be by your side through every step of your intellectual property needs.
Frequently Asked Questions About Intellectual Property Litigation In Minnesota
IP disputes raise important questions, especially when your business assets are on the line. Below, we answer some of the most common questions we hear from Minnesota businesses.
How does the Minnesota Deceptive Trade Practices Act (MDTPA) protect unregistered trademarks?
The Minnesota Deceptive Trade Practices Act (MDTPA) offers strong protection for trademarks your business has not formally registered. It prohibits competitors from passing off their goods or services as yours, regardless of whether you have a registration on file.
To win a trademark claim under the MDTPA, your business must show that a competitor’s conduct creates a likelihood of confusion among consumers about the source of goods or services. This includes proving that buyers could reasonably mistake the competitor’s products or services for yours or believe your business sponsors or approves of them.
What must be proven to obtain a preliminary injunction to stop IP infringement in Minnesota?
When IP theft causes immediate harm, a court can order the infringing party to stop before a full trial takes place. Federal courts in Minnesota apply the Dataphase factors to determine whether a preliminary injunction is warranted. To obtain one, your business must show:
- That there is a substantial likelihood of success on the merits of the case
- That irreparable harm will occur without court intervention
- That the balance of harms favors your business
- That granting the injunction serves the public interest
Presenting strong evidence for each factor is critical to securing this type of emergency relief.
What is the difference between relying on a Minnesota state trademark registration versus a federal registration?
A state trademark registration limits your legal protection to Minnesota’s borders. State registration with the Minnesota Secretary of State provides evidence of your ownership and can support claims in local disputes between in-state competitors.
A federal registration with the USPTO extends that protection nationwide and gives you significantly stronger leverage in court. This creates a legal presumption of your mark’s validity and ownership, giving you notably stronger footing in litigation. It also provides access to federal courts and the ability to pursue enhanced statutory damages against infringers.
Let Us Defend Your Intellectual Property
If your business needs assistance with intellectual property matters in downtown Minneapolis-Saint Paul, Minnesota, reach out to us today for a free initial consultation. Call 952-444-9903 or email us here to schedule your initial consultation.