Recently we discussed the different types of intellectual property and their respective rights. Preparing a successful suit for theft or infringement will differ depending on the intellectual property (IP) in question. Knowing what type of violation you are facing helps you tailor your demonstratives and case narrative, as well as determining the burden of proof required. Precise’s fleet of trial support services in Pittsburgh will help you craft powerful and compelling presentations.
Know What You Have to Prove
- Copyright infringement: Copyrights cover original work such as poems, screenplays, and music. To prove infringement, you must demonstrate that the defendant had access to your client’s work and that the defendant’s work is “substantially similar.” Proving access is easy if the original work is widely distributed or marketed, such as being made available online. “Substantial similarity” can be more difficult to prove. It must be a similarity that can only be explained by direct copying, as opposed to independent creation, coincidence, or the existence of a prior common source (i.e., your client’s work is an adaptation of another work).
- Trademark suit: You must show unauthorized use of a valid trademark, and that this use will likely cause confusion or deception as to the source of the goods. To determine likelihood of confusion, you must look at how similar the marks are, whether the parties’ goods and/or services are related and whether there is any evidence of actual confusion among consumers. Adidas brought a trademark suit against Payless for the latter infringing on Adidas’ three-stripe logo. Payless had been using a similar mark (two or four white stripes) on similar products (shoes and sportswear), giving Adidas grounds to claim confusion among customers, damage to their brand, and loss of sales.
- Trade secrets: Since access to trade secrets is generally limited to a small group of company employees, it is generally easy to determine where the theft originated. You must then prove the defendant acquired the trade secret through improper means or published a trade secret knowing their source obtained the information through improper means.
As you can see, IP cases often involve showing how subtle differences equate theft. Often the thief will try to alter the IP slightly in an effort to cover their crime. This can make it extremely difficult to prove theft to the jury. Being able to visualize the differences and similarities can be crucial in having the jury understand your case.
Expert Trial Support Services in Pittsburgh
Precise’s experts understand the importance of a clear, well-demonstrated case narrative. Our Pittsburgh trial consultants work closely with clients and our internal team of professionals to create and deliver the services and technologies that best fit the legal and courtroom strategies. We also provide and manage all necessary courtroom equipment, including telestrators that allow deponents to interact with evidence and give greater depth to their testimony. Our Pittsburgh trial animations can also be invaluable at helping demonstrate complex mechanisms to the jury and bringing clarity to differences in disputed items.
If you are trying an intellectual property dispute, call the experts at Precise today. Our affordable Pittsburgh trial support services will bring clarity and insight your case needs.