Intellectual Property Infringement

Whether you operate a small, medium, or large enterprise, or are an artist or other creative type with content to protect, Gobin & Leyenson LLP can assist you in various areas of intellectual property litigation.

As licensed paralegals, we are able to represent you in claims for damages up to $25,000 in the Small Claims Court in matters of trademark infringement, passing off, or copyright infringement.  Pursuant to section 38.1 of the Copyright Act, statutory damages available in cases of copyright infringement range from a minimum of $500 to a maximum of $20,000 for each copyrighted work infringed by a defendant or defendants for commercial purposes, and a minimum of $1000 to a maximum of $5,000 for each copyrighted work infringed by a defendants or defendants for non-commercial purposes.  For example, if a competing business copies your copyrighted photographs from your business’ website and uses them as their own, they are liable to a minimum of $500 to you for every photograph that has been wrongfully used.

Contrary to common belief, you do not need to have a trademark or copyright registered in order to protect your intellectual property.  If you would like to learn more, feel free to contact us.