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Before Settling IP Litigation, Be Sure the Plaintiff Is the True Owner

When concluding intellectual property litigation – especially as the alleged copyright infringer – get an indemnification in case anyone else claims to be the owner. Because possession of a copyright is a somewhat amorphous concept, it can be hard to be certain that the plaintiff claiming ownership really is the author or current owner of the property. Despite the plaintiff seeming to be the owner, some third party could have an interest in the work being infringed, or claim an interest. To be sure you are not paying damages to one claimant, and then have others say they too are the owner, get the plaintiff you are settling with to indemnify you against any harm you suffer if a different party makes a valid claim later. A plaintiff who is sure it is the owner should not object to providing this indemnification. If it objects, question its right to bring a case against you.

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Date

02.14.19

Type

Publications

Authors

Himmelrich, Ned T.

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