How to Sue for Infringement of Digital Intellectual Property

Digital intellectual property is the electronic fruition of intellect in the form of commercially valuable products or vital business processes. State and federal laws protect individuals from unauthorized use, distribution or display of their digital creations. However, litigation for infringement of intellectual property laws requires diligence and a knowledge of the process.

Things You'll Need

• Documents pertaining to registration of your digital intellectual property

Instructions

1. Collect any examples of intellectual property infringement that you find. Maintain a list of websites and screen names used in violating the law, while keeping hard copies of applicable Web pages.

2. Perform search engine queries to determine whether your intellectual property has been copied or stolen. Utilize specific phrases, lyrics or titles from your work to pinpoint your investigation. The resulting information can be helpful in legal procedures against computer hackers and plagiarists.

3. Discuss the proper jurisdiction and timing of your lawsuit. The problem with digital intellectual property infringement is tracking down the violator in person. Copyright holders and intellectual property owners can usually have their suit tried in their local district.

4. Prepare expert testimonial by intellectual property experts and information technology professionals for your suit. Before you sue violators, contact the local university to discuss the general terms of your suit. These individuals can testify to the diluting effect of infringement on your financial and creative well being.

5. Maintain patience during legal proceedings with an eye toward appeals and civil suits. Criminal proceedings may not yield satisfactory results but courts may be amenable to pleas for recovery of financial damages.

6. Prevent future violations of digital intellectual property through persistent observation. Continue to use search engines after your lawsuit and report further occurrences with your state consumer protection agency and Department of Justice. Amend your patents, trademarks and copyrights to keep them consistent with your current intellectual property.

Tips & Warnings

• Consult a local lawyer who is well-versed in intellectual property laws. The American Bar Association website features a state-by-state listing of specialists in intellectual property infringement (see Resources below).

• Ensure that your digital intellectual property is properly registered with the proper authorities. Material expressions such as novels, slogans, and inventions do not technically need to be registered. Official registration, however, ensures certification of ownership and the right to sue for damages.