When intellectual property (IP) is involved in a business dispute, the consequences can be serious—especially when the issue arises within your own company. This blog is thanks to our friends at Volpe Law LLC, who frequently assist business owners in resolving disputes involving copyrights, trademarks, patents, and trade secrets. Whether the disagreement stems from ownership rights, employee use, or former partners, a lawyer, like a commercial litigation lawyer, knows it’s important to act quickly and with a clear plan.
Identify The Source Of The Disagreement
The first step is determining exactly what the dispute involves. Common issues include confusion over who owns a specific invention, whether a logo or product name was used without permission, or if a current or former employee shared proprietary information. In some cases, the disagreement may be between business partners or shareholders who each claim rights to certain IP developed during the course of business.
It’s important to identify the type of IP in question—such as whether it is protected by a registered patent, a trademark, or treated as a trade secret—and understand how it was created, used, and documented within your company. During internal discussions or legal reviews related to intellectual property disputes, it’s important to maintain attorney-client privilege by limiting sensitive communications to your legal counsel and keeping those conversations confidential.
Gather And Review Supporting Records
Once the issue is identified, gather any contracts, employment agreements, communications, or IP registrations related to the work. Look for language about IP ownership, confidentiality, and use restrictions. Many companies include terms in employment or contractor agreements that clarify who owns any IP created during the relationship.
If you don’t have formal agreements in place, other documents—such as internal memos, emails, or project notes—may still help clarify ownership or original intent.
Avoid Escalation Through Early Communication
If possible, address the issue internally first. Reach out to the person or group involved and try to clarify the misunderstanding. A calm, direct conversation can sometimes prevent the dispute from growing or going public. That said, be careful about what you say during early talks—anything said or written could be used later if the dispute becomes a legal matter.
Stay focused on the facts, and if needed, take a short pause to review documents before continuing the discussion.
Know When Legal Guidance Is Needed
When internal efforts fail or when the issue involves valuable business assets, it’s a good time to bring in legal help. An attorney can review ownership claims, respond to cease-and-desist letters, and, if necessary, take legal steps to protect or defend your IP. They may also help enforce confidentiality agreements or pursue action against former employees who misused proprietary information.
Prevent Future IP Disputes
Once the issue is resolved, it’s worth updating your company’s policies and agreements to prevent similar disputes in the future. This includes clearly defining IP ownership in employment and contractor agreements, keeping better records of creative work, and conducting internal IP audits as your company grows. Regular training for staff can also help reinforce how IP is treated and protected across departments.
Protect Your Company’s Creative Work
Intellectual property disputes can distract from your company’s growth and disrupt internal relationships if not handled carefully. Whether the disagreement involves branding, design, or internal innovation, clear records and early communication are key. Our friends at Volpe Law LLC discuss how businesses can address these issues effectively and strengthen their IP protections going forward.