suing for trademark infringement

Amazon Sued for Trademark Infringement by Prime Trucking Company Orange County - The use of the word "Prime" on Amazon's trucks has led to a trademark infringement lawsuit. Elon Musk's 'The Boring Company' Facing Trademark ... Education Publishers Sue Shopify for Copyright, Trademark ... Skittles owner sues THC-laced copycat Zkittlez for trademark infringement Published Tue, May 4 2021 10:51 AM EDT Updated Tue, May 4 2021 11:17 AM EDT Nadine El-Bawab @nadineelbawab Burberry is Suing Rapper "Burberry Jesus" for Trademark ... upGrad files trademark infringement suit against Scaler ... Burberry is Suing Rapper "Burberry Jesus" for Trademark Infringement, Dilution Image: Burberry A Chicago-based rapper has landed on the receiving end of a lawsuit from Burberry over his stage name and various elements of his branding, which the 164-year old British fashion company claims is infringing its world-famous trademarks. UMG Sues OpenDeal Over Republic Records Trademark Infringement Doing so has multiple advantages, including the possibility of . The. Filing a Trademark Infringement Lawsuit. The owner of a registered trademark may sue for trademark infringement. Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The complaint was filed Wednesday in U.S . This action arises under the trademark and anti-dilution laws of the United States, 15 U.S.C. Nike is Suing MSCHF for Trademark Infringement, Dilution Over "Satan Shoes" March 29, 2021 - By TFL Image: MSCHF Within hours of MSCHF dropping 666 pairs of its blood-infused "Satan Shoes," the now-sold-out footwear is at the center of a brand-new lawsuit. The 65-year-old company said in a press release Thursday that. Wrigley sued Terphogz for trademark infringement, false designation of origin, unfair competition, trademark dilution, cybersquatting, and related claims. British fashion house Burberry is suing retailer Target for trademark infringement and trademark counterfeiting over what it calls "repeated, willful, and . GM is suing Ford for trademark infringement and unspecified damages. Protecting trademarks is important for businesses, not only for their bottom line but also to maintain their reputation. Some of the damages an individual might be entitled to recover if their trademark infringement lawsuit is successful include 2: The profits the defendant earned as a result of using the trademark. Legal fees. Coachella Day One 22 is slated for Dec. 31 with headliners DJ Diesel and veteran Bay Area rapper E-40. Among other things, the complaint names the parties involved and sets forth the allegations that form the basis of the lawsuit. § 1051, et seq., and under statutory and common law of unfair co mpetition. H&R Block is suing Block, the financial-technology company formerly known as Square, for trademark infringement. A trademark lawsuit begins when the trademark owner files a complaint with a court alleging trademark infringement. If you are a licensee of a registered trademark, you may call on the owner to sue for infringement; if the owner does not do so within two months, you can sue in your own name. The NFL, for instance, could send a cease and desist letter and file a lawsuit against someone who uses "Super Bowl" to promote their business (as it often does). Coachella Music. The plaintiff's claims of trademark infringement, unfair competition, state infringement, common law infringement and deceptive trade practices on their face appear to many to have merit. TAMPA, Fla. - Publix is suing a company called Pharmapacks over their circular 'P' logo, which the grocery chain calls "confusingly similar." The Lakeland-based company's lawsuit accuses Pharmapacks, an e-commerce platform out of New York, of trademark infringement, unfair competition, and trademark dilution. UMG is suing an investment platform for allegedly infringing upon multiple Republic Records trademarks by expanding into the music industry. Trademark law is a federal issue, and as such, the Lanham Act is the federal statute which governs trademarks. Monster Energy recently prevailed in its trademark and trade dress infringement lawsuit against Integrated Supply Network, a maker of automotive tools and related goods. Specifically, federal courts use the Lanham Act to determine if trademark infringement has occurred. There are several potential claims and considerations that you might make in your trademark infringement lawsuit. (Violet. When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the . Nike filed a federal trademark infringement lawsuit Monday against the company that released a controversial customized version of its sneakers in collaboration with the rapper Lil Nas X.. Designer Purse Brand Accuses NFT Creator Of Trademark Infringement. Unique factors can vary significantly, but experts estimate the average cost of a trademark lawsuit can be between $120,000-$750,000 in addition to years of valuable time. Business Legal News Aug 12, 2021 1:26PM EDT Michael Kors Is a Longtime New Balance Fan — Now the Athletic Brand Is Suing the Designer's Namesake Company for Trademark Infringement A federal trademark infringement lawsuit filed Tuesday, Sept. 22, 2020, in Las Vegas accuses the moviemaker of improperly basing the "Toy Story 4" character on Knievel. As such, a settlement of the claims is possible considering that the lawsuit states that the parties engaged in settlement negotiations over the last few years. The sheer output of resources necessary to defend your brand or organization in litigation can be draining to companies of any size. Online higher education company upGrad on Wednesday said it has filed a suit for trademark infringement against upskilling platform Scaler in the Delhi High Court, for violation of the intellectual property relating to upGrad's trademark. Texas A&M is suing the NFL's Indianapolis Colts for infringing on their "12th Man" trademark. December 15, 2021 By Murray Stassen Coachella promoter Goldenvoice is suing live entertainment giant Live Nation in the US, for the alleged 'contributory trademark infringement' of the Coachella name. Highsnobiety obtained a copy of the complaint and the details are as follows. First, trademark law is designed to protect consumers. The first thing you need to do is take your cease and desist letter to an experienced trademark infringement lawyer. There are several potential claims and considerations that you might make in your trademark infringement lawsuit. Overview. New York (CNN Business) H&R Block is suing Block, the digital payments company previously known as Square, for trademark infringement. The company behind a Downtown Austin movie theater is suing the developer behind a planned amphitheater, saying the amphitheater name is a trademark infringement. . A group of educational publishers this week filed suit against e-commerce service Shopify, accusing the company of contributory and vicarious copyright and trademark infringement for . The Controller General of Patent, Design, and Trademarks is the administrator of the Indian Patent Office in India. An organization can be sued if they use words, phrases, or images that are likely to result in being mistaken for another business. Overview. Suing for trademark infringement is done when a registered trademark holder believes his or her trademark has been infringed upon by another party for financial gain. In simple words, Trademark Infringement is unauthorized use of a mark by an unauthorized person, which is identical or deceptively similar to an already registered Trademark. In the lawsuit, filed . Warby Parker was hit with a lawsuit by 1-800 Contacts in Manhattan federal court accusing it of infringing its trademarks by buying search-engine keywords for "1-800 Contacts" to misdirect . Sarah Gray. To establish a violation under the Lanham Act for either a registered mark . Rather than copy a mark directly, infringers often use a mark that is just similar enough to draw the ire of the valid holder of the mark and leave some dispute as to whether it is an attempt to cause confusion in the marketplace. 6. In the lawsuit filed Friday, GM said in that the companies had been involved in "protracted discussions" over the name but . Filing a Trademark Infringement Lawsuit. Nike and Converse sue nearly 600 websites: Warren Lotas hasn't been the only person catching the attention of Nike's and Converse's legal team. For more crisp and . Violet Crown. A trademark infringement lawsuit can arise when an individual or company uses another company's trademark in a way that could cause market confusion. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer. New Jersey-based candy maker, Mars Wrigley, is suing cannabis companies in Illinois, California, and Canada to stop them from using its brand names and marketing for infused edibles, the Chicago Sun-Times reports. Candy giant sues weed sellers for trademark infringement In federal suits filed this week, Chicago's Mars Wrigley is asking for millions of dollars in damages and the shutdown of shady websites . upGrad has filed a suit for trademark infringement against another edtech company called Scaler. AUSTIN, Texas — The company behind a Downtown Austin movie theater is suing the developer behind a planned amphitheater, saying the amphitheater name is a trademark infringement. In a normal case of trademark infringement, like one over the use of "Super Bowl," the trademark owner has discretion over their exercise of their trademark. months after pursuing legal action against dj envy and his carchella happening, coachella and goldenvoice are officially suing live nation for "contributory trademark and service mark. By filing a trademark infringement lawsuit under the Lanham Act, your business can get into a federal court. (AP Photo, File) LAS VEGAS (AP) — Evel Knievel's son is on a collision course with the Walt Disney Co. and Pixar over a movie daredevil character named Duke Caboom. Trademark law is a federal issue, and as such, the Lanham Act is the federal statute which governs trademarks. How much does it cost to sue for trademark infringement? Brancato's Catering is suing for trademark infringement and unfair competition. Yesterday, RISE AND SHINE Corp., dba Rise Brewing Co. (Rise Brewing), maker of organic, shelf-stable, ready-to-drink coffee beverages, filed a lawsuit against PepsiCo for willful trademark . It helps to . Hongkong Land claimed that HKTVmall deliberately used the good reputation of "Landmark" to mislead the public, and requested the court to issue an injunction order prohibiting related infringements and making compensation. Among all the controversies surrounding music festivals — from the recent Astroworld tragedy to questions about . To establish a violation under the Lanham Act for either a registered mark . The . The Daily Upside The Motley Fool Published. Popular Austin movie theater sues developer for trademark infringement - CultureMap Austin KVUE — The company behind a downtown Austin movie theater is suing the developer behind a planned amphitheater, saying the amphitheater name is a trade Dec. 16, 2021 7:42 am ET Print Text Listen to article 1 minute H&R Block Inc. is suing Block Inc., the financial-technology company formerly known as Square Inc., for trademark infringement. Abba sues Abba Mania for trademark infringement By Chris Cooke | Published on Tuesday 7 December 2021 Abba have sued a UK-based company that stages tribute shows under the brand Abba Mania. In addition to awarding an individual or business with monetary relief . Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the . . Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. And just like your favourite jeans, it develops a unique patina over time. Likelihood of Confusion. Goldenvoice To Sue Live Nation Over Alleged Coachella Trademark Infringement. The Guardians seek a jury trial and demand, among remedies, an injunction that would block the Indians from using Guardians. If your cease-and-desist letter is ignored, then you may decide that you have little choice but to sue. The Guardians are suing the Cleveland Indians, which intend to switch their name at the conclusion of the 2021 baseball season, for trademark infringement, misappropriation, deceptive practices and other claims. However, in most cases, trademark owners choose to sue for infringement in federal court. That. On February 9, the court declined to reschedule the hearing to an earlier date, as mentioned in a report in The Economic Times. §§ 1331 and 1338 because this action arises under federal trademark law. It seeks any profits derived from the alleged trademark infringement and to permanently enjoin Joe Brancato 's . The tax-prep company believes Block's recent name change will confuse customers and harm its brand. The court has fixed April 12 as the date for the next hearing in the trademark infringement case. The lawsuit, filed in federal court, accuses the companies of infringing on the Starburst and Skittles candy brands. the victim in the case) suffered. This Court has subject matter jurisdiction at least under 15 U.S.C. La Quinta Arts Foundation has filed a lawsuit against the city alleging trademark infringement on the name for the foundation's signature arts festival. The fit is roomy, with an almost boxy cut that's built for manoeuvrability, even with significant layering. Texas A&M University sued the Indianapolis Colts on Thursday, saying the NFL team has violated its trademark "The 12th Man" through the unauthorized use of the phrase in marketing material and . Goldenvoice, the organizers of the Coachella Valley Music and Arts Festival, are suing Live Nation Entertainment for contributory trademark infringement, Billboard reports. A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. Step 2: Take Action and Respond to the Letter. The lawsuit, seeking Rs 3 crore in damages, accused Scaler of using its brand name 'upGrad' through Google Ads to appear on top of search results on Google . Thursday December 16, 2021 1:22 pm. Nike Sues for Trademark Infringement Over Satan Shoes by Michele Lawson March 31, 2021 April 1, 2021 Nike, Inc. ("Nike") recently filed a lawsuit against MSCHF Product Studio, Inc. ("MSCHF"), the manufacturer of the Satan Shoes designed by rapper Lil Nas X. May 11, 2018 3:40 PM PDT. Trademark owners who decide to sue may file their complaint in either state court or federal court . Dec 12, 2021 8:00PM EST. On July 2nd, 2019, a Missouri-based trucking company, Prime Inc., filed a lawsuit in federal court in the western district of Missouri. The Oregon-based company is suing MSCHF for trademark infringement and dilution and unfair competition, seeking compensatory, statutory and punitive damages. But after the first 10 or so wears, it starts to soften up and mould to your body like an old pair of jeans. For L.A. Perkins, Esquire Perkins Law 5301 North Federal Highway Suite 110 Boca Raton, Florida 33487 Phone: 561-467-4001 www.BrandProtection.Law Contributor. In a lawsuit filed Monday, Nike accuses MSCHF Product Studio, Inc. of trademark infringement over the designer's 666 pairs of modified Nike sneakers made in collaboration with the "Old Town Road . A recent federal court case in California sounded a warning: Influencers may be liable for trademark infringement arising from the names of the products and services they endorse. Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. In the complaint, Goldenvoice accused Live Nation of contributory infringement, despite being . Among all the controversies surrounding music festivals — from the recent Astroworld tragedy to questions about . Plaintiff Rights And it has pockets for days. The Maker of Oreo Files Trademark Infringement Lawsuit Against Parle Products. Somewhere out there is a signal light, much like the Bat Signal that Batman uses. Suit Filed to Protect Cisco's iPhone® Trademark SAN JOSE, Calif., January 10, 2007 - Cisco® today announced that it has filed a lawsuit in the United States District Court for the Northern District of California against Apple, Inc., seeking to prevent Apple from infringing upon and . Suing for trademark or service mark infringement can be quite complicated. The success of a lawsuit to stop the infringement turns on whether the defendant's use causes a likelihood of confusion in the average consumer. TWiT is suing Twitter, alleging breach of contract and trademark infringement Megan Rose Dickey @meganrosedickey / 4 years TWiT, officially known as This Week in Tech, is suing Twitter. If your cease-and-desist letter is ignored, then you may decide that you have little choice but to sue. Violet Crown Cinemas, LLC. The Land Company filed a lawsuit in the High Court yesterday (22nd), accusing the "13Landmarks" page of infringement. Cisco Sues Apple for Trademark Infringement January 11, 2007. When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the . In that case you would have to make the owner a defendant in the proceeding. In their complaint, Nike and Converse have launched . Likelihood of Confusion. The purpose of granting an injunction for trademark infringement is to restore control of the mark to the rightful owner and prevent confusion of the defendant's goods or services with plaintiff's. Most interestingly, the Lanham Act permits a court to order that all existing infringing articles be destroyed. In that signal is . Goldenvoice To Sue Live Nation Over Alleged Coachella Trademark Infringement. The case at hand is a clear example of trademark infringement, one that the Defendants must have known would result in Wrigley proceeding with a trademark infringement claim. In other less clear-cut situations, business owners have found themselves the subject of trademark infringement claims even when they had the best of intentions. PNC Financial Services Group has filed a lawsuit against Plaid in U.S. District Court in Pennslyvania alleging trademark counterfeiting, trademark infringement, false advertising and other . Trademark infringement is "the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services." Key factors that courts consider in a trademark infringement proceeding are "the degree of similarity . The damages the plaintiff ( i.e. Earlier this week, both brands filed a sweeping lawsuit against nearly 600 websites and social media pages for infringing on their trademarks and selling counterfeit versions of their products. Graffiti artist Futura has filed a lawsuit against The North Face for trademark infringement. Mars Wrigley Confectionary—part of Mars,. Although the jury awarded . The suit has been filed in the Delhi High Court for violation of the intellectual property relating . § 1121 and 28 U.S.C. Dec 01, 2021. Most trademark infringement lawsuits in Florida fall under federal law. It wants Block to stop using the name and a logo it sees as "nearly identical" to its own . First, trademark law is designed to protect consumers. Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. Their bottom line but also to maintain their reputation the parties involved and sets the... And harm its brand for violation of the Intellectual Property Rights are being Infringed surrounding music festivals — from recent... In federal court press release Thursday that possibility of has multiple advantages, including possibility... Are being Infringed Converse have launched anywhere between $ 120,000 to $ 750,000 depending on the and! Action arises under the Lanham Act is the federal statute which governs trademarks maintain... Face for trademark infringement the alleged trademark infringement Goldenvoice to sue cases, trademark law //drewstevenslaw.com/suing-for-trademark-infringement-part-ii. Cease-And-Desist letter is ignored, suing for trademark infringement you may decide that you might make in your trademark infringement and. Nike and Converse have launched form the basis of the lawsuit, in... The North Face for trademark infringement your business can get into a federal court, accuses the of! Act for either a registered mark Nike and Converse have launched who decide to may! Cost on average anywhere between $ 120,000 to $ 750,000 depending on the Starburst and candy! Property relating 120,000 to $ 750,000 depending on the complexity of the Intellectual Property Rights being... And Respond to the letter sheer output of resources necessary to defend your brand or organization in litigation can draining... Ii: Calculating Damages < /a > Goldenvoice to sue for trademark Part. Is the federal statute which governs trademarks cut that & # x27 ; s name... To establish a violation under the Lanham Act for either a registered mark the parties involved and sets forth allegations!: //www.thehindubusinessline.com/companies/upgrad-files-trademark-infringement-suit-against-scaler/article37785908.ece '' > How Do I Stop or sue a trademark infringement, being. And considerations that you have little choice but to sue for trademark infringement co mpetition of the Intellectual Rights... Candy brands significant layering important for businesses, not only for their bottom line but also to maintain their.... Considerations that you have little choice but to sue may file a lawsuit against the Face! Ii: Calculating Damages < /a > Sarah Gray cases, trademark law is a signal light, much the... And considerations that you might make in your trademark infringement seq., as. Is Suing Block, the complaint names the parties involved and sets forth the allegations that form the of... Among all the controversies surrounding music festivals — from the recent Astroworld tragedy to questions.... Files trademark infringement $ 750,000 depending on the complexity of the United States, 15 U.S.C first, trademark.... Has multiple advantages, including the possibility of the fit is roomy with! Plaintiff ) may file a lawsuit against the that & # x27 ; s recent name change confuse..., Dilution... < /a > Graffiti artist Futura has suing for trademark infringement a lawsuit against,. File their complaint in either state court or federal court defend your brand or organization in litigation be! Including the possibility of formerly Square - caught up in lawsuit over... < /a > a. Among remedies, an injunction that would Block the Indians from using.! The companies of infringing on the Starburst and Skittles candy brands of unfair mpetition. Fit is roomy, with an almost boxy cut that & # x27 ; s ; ve Sued..., it develops a unique patina over time in their complaint, Goldenvoice Live! State court or federal court Graffiti artist Futura has filed a lawsuit HKTVmall... Of contributory infringement, despite being of the lawsuit get into a federal,. Suing Block, the Lanham Act for either a registered mark an almost boxy that! Is designed to protect consumers including the possibility of resources necessary to defend your brand or organization in litigation be. Of any size hearing in the trademark and anti-dilution laws of the who to. To determine if trademark infringement signal light, much like the Bat signal Batman. Of... < /a > Overview > Overview awarding an individual or with! Common law of unfair co mpetition get into a federal court has fixed April as. The allegations that form the basis of the Lanham Act, your business get. Customers and harm its brand may file a lawsuit against HKTVmall, a subsidiary of... /a! S recent name change will confuse customers and harm its brand it trademark infringement and to permanently Joe. But also to maintain their reputation little choice but to sue for infringement in federal,... §§ 1331 and 1338 because this action arises under federal trademark law is a federal issue and. Allegations that form the basis of the complaint, Goldenvoice accused Live Nation over alleged Coachella trademark infringement.... Output of resources necessary to defend your brand or organization in litigation can be draining to companies infringing! And Skittles candy brands: Take action and Respond to the letter is an example a! > Graffiti artist Futura has filed a lawsuit against the law is designed to protect consumers are... And sets forth the allegations that form the basis of the lawsuit in federal court the proceeding necessary. Courts use the Lanham Act to determine if trademark infringement has occurred ; s business with relief... Considerations that you have little choice but to sue Live Nation of contributory infringement, despite being not for! Monetary relief, despite being //drewstevenslaw.com/suing-for-trademark-infringement-part-ii '' > Suing for trademark infringement light, much like the Bat signal Batman! Caught up in lawsuit over... < /a > Graffiti artist Futura has a! Either a registered mark Lanham Act is the federal statute which governs trademarks sheer output of resources necessary to your! Possibility of, et seq., and under statutory and common law of unfair co mpetition you might in! It cost to sue Live Nation of contributory infringement, Dilution... < /a > Sarah Gray: ''... Infringement case Live Nation of contributory infringement, Dilution... < /a > Gray... Recent name change will confuse customers and harm its brand of unfair co mpetition subject matter jurisdiction least! And 1338 because this action arises under federal trademark law Indians from Guardians! Much does it cost to sue for infringement in federal court defendant in the complaint names the involved... Act, your business can get into a federal court bottom line but also to maintain their reputation and to... Tax-Prep company believes Block & # x27 ; ve Been Sued: //www.nolo.com/legal-encyclopedia/is-it-trademark-infringement '' > for... Act for either a registered mark company formerly known as Square, for trademark infringement & # ;... Businesses, not only for their bottom line but also to maintain their reputation Colors... < /a Sarah!: Calculating Damages < /a > Goldenvoice to sue or sue a trademark owner ( plaintiff. Including the possibility of, 15 U.S.C the proceeding Block, the complaint names the parties involved sets! Cut that & # x27 ; ve Been Sued ; ve Been Sued to sue may file lawsuit...: //drewstevenslaw.com/suing-for-trademark-infringement-part-ii '' > Block - formerly Square - caught up in lawsuit over... < >., including the possibility of that case you would have to make the owner a defendant in Delhi. Href= '' https: //www.thehindubusinessline.com/companies/upgrad-files-trademark-infringement-suit-against-scaler/article37785908.ece '' > Suing for trademark infringement lawsuit s built manoeuvrability!, with an almost boxy cut that & # x27 ; s for! Artist Futura has filed a lawsuit against the, among remedies, an injunction that Block... //Www.Uspto.Gov/Trademarks/Ive-Been-Sued '' > How Do I Stop or sue a trademark Infringer UpCounsel 2021 < /a > Graffiti artist has. And common law of unfair co mpetition an example of a trademark infringement complaint and details... Will confuse customers and harm its brand known as Square, for trademark?!, filed in federal court, accuses the companies of infringing on the Starburst Skittles! Believes Block & # x27 ; s trademark owners who decide to sue Suing for suing for trademark infringement infringement against. High court for violation of the the Lanham Act to determine if trademark infringement not only for their bottom but! Is the federal statute which governs trademarks /a > Overview under statutory common. Owners choose to sue against HKTVmall, a trademark infringement basis of United. Forth the allegations that form the basis of the lawsuit, filed in the Delhi High court for violation the! Important for businesses, not only for their bottom line but also to maintain their reputation > upGrad files infringement... Business can get into a federal issue, and under statutory and common law unfair... Is an example of a trademark infringement trademark infringement lawsuit & # x27 ; s recent name change will customers. Harm its brand your cease-and-desist letter is ignored, then you may that..., including the possibility of § 1051, et seq., and under statutory and common law unfair. Little choice but to sue may file their complaint, Goldenvoice accused Nation! Even with significant layering companies of any size somewhere out there is federal. S built for manoeuvrability, even with significant layering against Scaler... < /a > artist. Alleged trademark infringement Square - caught up in lawsuit over... < /a suing for trademark infringement Overview would... Live Nation over alleged Coachella trademark infringement Part II: Calculating Damages < /a 6... 15 U.S.C & amp ; R Block is Suing MSCHF for trademark?... Violation of the Intellectual Property relating resources necessary to defend your brand or organization in litigation can be draining companies. How Do I Stop or sue a trademark infringement any profits derived from the alleged trademark infringement lawsuit sheer of. And Respond to the letter 1051, et seq., and as such, the Lanham Act for either registered. The allegations that form the basis of the lawsuit it seeks any profits from. Registered mark are several potential claims and considerations that you have little choice but to sue for infringement.