Darin M. Klemchuk WWW.LAWYER-MONTHLY.COM 45 on software, consumer products, retail, luxury brands, family offices/private equity, restaurants, and technology. What are the common hurdles artists and creators face when protecting their IP? Often, artists, creators, and start-up founders face the challenges of needing to invest in intellectual property law assets at an early stage before they have resources. This can result in the loss of rights. Does IP infringement always give rise to criminal liability? No. Criminal liability generally arises when law enforcement becomes interested in an infringement operation. This most likely occurs in importation and trafficking of counterfeit goods, particularly products and services that could affect public safety or health. Law enforcement’s seizure of counterfeit goods can pose challenges for civil litigation (e.g., the evidence is in possession of law enforcement). Can you tell us what intellectual property (IP) litigation covers, what type of intellectual property infringement matters and disputes you handle, where your clients are from and what sectors they operate in? The “big five” of intellectual property law are patents, trademarks, copyright, trade secrets, and domain name registrations. IP law also covers rights of publicity, trade dress, telephone numbers, and other rights. Our firm provides full-service intellectual property counseling. I personally lead the IP litigation and anti-counterfeiting teams and provide strategic advice for patent, trademark, and other forms of IP protection. Our typical client is a mid-market company with a general counsel that needs IP assistance. We also represent large companies and small-growing companies with disruptive technologies or business models. Our client base spans all sectors with a concentration Darin M. Klemchuk is the founder of Klemchuk PLLC, a leading intellectual property law firm focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. He helps clients protect innovation and increase market share through investments in IP. Darin focuses his practice on IP and commercial litigation, intellectual property law strategy, and anti-counterfeiting programs. He is an entrepreneur at heart and has a passion for helping businesses solve problems and keeping (or gaining) their competitive advantage. An Interview with... Intellectual Property Infringement Matters and Disputes
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