Intellectual property

Different statutes of limitations apply to the various different types of intellectual property. In fact, there is no statute of limitations for trademark infringement claims and, instead, an equitable laches type of analysis is done. In short, you need to speak with an intellectual property attorney and lay more facts on the table before you have your answer.

You need to check with an IP lawyer without delay. Copyright claims usually must be brought within 3 years from when the infringement is discovered, and sometimes the courts are quite lenient in applying thsi rule. On the other hand, "laches" is a common defense to infringement actions, which means that the rightsholder delays enforcement of their rights for so long that it prejudices the infringer, especially in trademark cases, because a lot of money can be spent developing trademark rights.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

I could not agree more with what is being said. Gather ALL of the facts, samples, filings, timelines, etc. and get to an attorney who is familar with these types of cases immediately.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

We would need to know a lot more about the type of intellectual property. As another person has mentioned trademark dos not have a particular statute of limitations but theft (in civil law it is called conversaio) usually has a very short statute of limitations (1-3 years, depending on the jurisdiction). It sounds like you may have a variety of claims and I woudl encourage you to speak to a local lawyer.


Thomas Dunlap
Dunlap, Grubb & Weaver, PLLC
tdunlap@dglegal.com
www.dglegal.com
Tel 800-747-9354 x 3885
Local Tel 202-316-8558 / 703-777-7319
SuperLawyers (top 2.5% peer selection for Commercial and Business Litigation)