INVESTIGATIONS PRIMER

An intellectual property investigation resembles other kinds of investigations: we start with a set of clues, track down additional leads, interview experts and witnesses, corroborate the facts and write a report detailing our findings. But there are special circumstances inherent with intellectual property, such as geographic scope, avenues of trade, channels of distribution and varying issues of use--intent of use, first use, continued use and abandonment. We are intellectual property specialists and focus our efforts on these particulars.

At the start of each investigation, we first review information provided by you and determine the following.

The Name of the Entity

Seems basic, but getting the correct name and spelling of the company you want us to investigate is key to a good start. You may not have this information, but are aware of a conflicting or infringing mark. If at all possible, we will find the entity you are after. We may also find your client or others with similar names or marks. It may be helpful to provide us with your client's information to avoid confusion.

Contact Information

Do you have a phone number, address, Web site, and/or email for the company or individual? These are things we routinely locate if you don't have this information, but anything you already know, even an out-dated contact listing is very useful in helping us find the entity quickly, saving you time and money.

Your Source of Concern

A typical investigation we receive is a hit from a search report, a filing from the USPTO or reference from a WISS search. Other sources are Internet related--a Web site, banner ad, BBS posting or domain name registration. Maybe you saw a TV commercial or heard a radio ad, saw a listing in a phone book, came across a product in a store, eyed signage or a billboard, read an article in a newspaper or magazine, heard a rumor. Providing us with the source of your concern is essential.

Current Status

How do we fit in to your process? Are you clearing a mark? Have you made contact with the person or company we will be investigating? Have you sent or received a Cease and Desist letter? Are you already litigating this issue or gathering evidence to do so? Knowing your current status will effect the manner of our approach and each circumstance will dictate a different set of investigative tactics.

Your Goals

Communicating what you hope to find will help us help you achieve those goals. Our Flat Rate Investigation is set up to answer the most frequent use issues of intellectual property (profile of the entity, geographic scope, avenues of trade, channels of distribution, issues of use). However, every case is different and knowing what you're up against allows us to better assist you. Priority may be your chief concern and determining the most specific first use date available is what you are after. Maybe your client's trade dress is being infringed and having us pick up product samples or take photographs will provide you with the compelling evidence you need to win your case.

Other important issues ancillary to the fact gathering we perform may be court deadlines, filing dates or budgetary concerns. These are all good details for us to have at the time you engage us. There even may be things you don't need such as a detailed profile of a competitor. Help us save you time by providing any information your have that will focus our efforts so we can provide for your specific needs.