Coverage.  Commercial claims require careful analysis of coverage.  If there is not a basis for declination, a resrvation of rights should be considered in most cases.  We provide a step-by-step process for deciding on a declination or reservation of rights.  

Liability.  The investigation into infringement centers on either whether there was unfair competition due to the use of the trade or service marks of the claimant in the course advertising of the product , or whether copyrighted material was used in advertising. The investigation should cover each element in an infringement claim and each of the available defenses.

Remedies. Monetary damages for copyright infringement or trademark infringement may be assessed based either on either actual loss of profit and other loss or damages set by law. Courts can also assess treble damages, attorneys fees and costs of suit particularly when there is a showing of wilfull acts or counterfeiting.  Injunctive relief is commonly rendered.  A preliminary injunction can be obtained if there is a great liklihood of infringement and a reasonable certainty that the claimant will prevail based on the merits of the case.