Creating a piece of intellectual property for your business can give you a great feeling. The created property may even be the link that identifies your products to the public. Therefore, it is important to protect your intellectual property from infringement. Intellectual property infringement may allow your goods to be mistaken for lesser quality products. If you or a family member was a victim of intellectual property infringement, you should speak with an experienced Fayetteville intellectual property lawyer today. The legal professionals at Gunn Kieklak Dennis, LLP understand how stressful it is to have your unique property infringed upon, and we are here to fight for you. Gunn Kieklak Dennis, LLP explains the statute of limitations on intellectual property claims in Arkansas.
What Does a Statute of Limitations Do in IP Cases?
Every state has statute of limitation laws for both civil and criminal cases. The statute of limitations dictates the amount of time that an injured party has to file their claim with a court. In the context of intellectual property law, an injured party (or plaintiff) would be a person whose intellectual property was stolen or adopted by another person.
The statute of limitations for intellectual property (IP) lawsuits is five years after the cause of action accrues. This means that if someone infringes upon your IP, you have five years from that date to file your claim with the court. If you do not file your IP cause of action within the allotted five years, your claim may be barred by the court. However, there may be some options to avoid having your case completely barred.
The statute of limitations does not apply to the amount of time that a case may take to be adjudicate; it only applies to the amount of time you have to file your case. Therefore, once you have filed your case with the court, you no longer have to worry about the statute of limitations.
How to Delay or Extend Your IP Case Filing Deadline in Arkansas
If the filing deadline for your intellectual property case is quickly approaching or you believe you need more time to file your case, there are a few options you can consider.
The statute of limitations may be delayed if you are disabled when the cause of action accrues. Legal disabilities under Arkansas law apply when you are deemed mentally incompetent or you are under the age of 21 when the IP infringement occurs, and your IP claim can be delayed.
It is important to note that once a person is no longer disabled because their mental disability has gone away or they reached the age of majority, the time limit on their case will begin to run again. There may be other ways to delay your IP case in Arkansas, and you should speak with an experienced civil litigation lawyer to discuss all your options.
Reasons to File Your Intellectual Property Lawsuit Early
There are several reasons to file your intellectual property infringement lawsuit early. Perhaps the most important reason is that the longer you take to file your case, the longer another person gets to use your property without your consent. Intellectual property, whether it is a copyright, trademark, or a patent, should be protected from use by unauthorized parties who may damage your brand. For example, if a person is using your logo for their business but sells similar, inferior, products, the public may not differentiate from that product and your product.
Another reason to file your IP claim as soon as possible is to prevent an unauthorized party from profiting off your hard work. A party who infringes upon your IP may only be doing so to use your goodwill and public reputation to sell their goods or services. The longer you take to file your case, the longer an infringing party will use your unique IP to benefit themselves or their business. Once your IP case is resolved, you may be able to receive the money an infringer made by stealing your IP.
When you file your case, you may be able to apply for a preliminary injunction or temporary restraining order. This court order will force the infringing party to stop violating your IP or trademark rights until the case is resolved, and it could help alleviate the issues until the judge hears your case in full. If you wish to know more about the statute of limitations or intellectual property lawsuits, you should speak with an experienced IP attorney.
Fayetteville, AR Intellectual Property Attorneys Can Help You File Your Case
If intellectual property infringement harmed you or your business, you should speak with an experienced Fayetteville commercial litigation attorney. At Gunn Kieklak Dennis, LLP our dedicated attorneys will use their extensive intellectual property law experience to help get you the compensation you deserve. Together, we can hold infringers of your intellectual property accountable for their actions. To schedule a confidential consultation, call us at (479) 717-9068 or reach us online.