Securing I.P. rights by prosecuting patents and registering trademarks and copyrights represents only half the task. I.P. rights, without effective enforcement efforts, diminish the value of your I.P. assets. Kain & Associates enforce I.P. rights in pre-litigation settings, with cease and desist letters, and if informal methods fail, enforce your rights by litigation in federal and state courts, mediation and arbitration. Our litigation efforts are tailored to your business risk and goals. We balance the rights of I.P. owners with the rights of defendants to use public domain technology and to fairly use descriptive and generic terms in advertising and as Internet domains. Independently created works, such as computer programs, are usually not subject to claims of copyright infringement. Declaratory judgment actions limit overreaching efforts by I.P. owners. The U.S. Supreme Court has stated there is a “right to copy” and we respect those competitive rights. Federal and state appeals guide our enforcement efforts and defensive positions at the trial level and form the basis to overturn erroneous lower court decisions. We understand complex I.P. and supply you with a solution.
We litigate I.P. matters in U.S. District Courts across the United States because most courts recognize our special I.P. skills. We have also filed appeals with various Courts of Appeals in the U.S. including the Third, Fourth and Eleventh Circuit Courts of Appeals and the Court of Appeals for the Federal Circuit (the patent appeals court).
Many contracts include arbitration clauses. We have arbitrated matters before the American Arbitration Association (AAA), the National Arbitration Forum (NAF), JAMS and WIPO (World Intellectual Property Organization).
Domain name litigation includes non-binding arbitration under the Uniform Dispute Resolution Procedure (UDRP) and federal court litigation under the Anticybersquatting Consumer Protection Act (ACPA).
Mediation and settlement negotiations are integral parts of any litigation or dispute resolution. For more information, click here.