Loss of Customers
Entrepreneur A is the owner of a patent. He notices that his competitor B manufactures products that fall under his patent. Since he fears that he will lose a large number of customers if B also sells these products, he wants to prevent B from infringing his patent.
Question: What claim can help him effectively prevent his competitor from imitating his goods?
Fuel Injection Control
Fifteen years ago, software developer A obtained a patent for an advantageous fuel injection control system for diesel engines. The control system was adopted by numerous companies, including B, without A being granted a license. A, who has been destitute for years, recently became aware of this and dreams of retiring under palm trees.
Question: Which claim could help him?
New Name
Entrepreneur L is considering launching a product with a new name. He is unsure whether this name is already protected as a trademark.
Question: What measures should L take before launching the product to avoid risks?
Very Similar Name
Entrepreneur M registered a trademark for her products some time ago. Now she has discovered that a competitor, F, is using the same or a very similar name in business transactions. Customers are already beginning to confuse the two offers, which is leading to a loss of sales and damage to M's image.
Question: What are the advantages of an out-of-court settlement compared to legal proceedings?
Prior Trade Mark
Entrepreneur N has been marketing his products under a new brand name for some time. A competitor now claims that this name could be confused with his older trademark and is filing a lawsuit for trademark infringement.
Question: What risks does N face if he enters into litigation, and what problems arise if he gives in to his competitor's demands?
Offering a License
Entrepreneur O runs a young start-up that sells only one product. This product is based on a novel, patented technology that is essential to its functionality. Now a competitor, X, alleges that the technology used by O is already protected by his own patent. X offers a license.
Question: What risks does O face if she accepts the license offer, and what risks does she face if she rejects it?
without permission
Entrepreneur K runs a medium-sized manufacturing company and uses patented technology in his production without permission. After a lengthy legal battle, he is finally ordered by the court to immediately cease using this technology. However, instead of converting his production, K decides to continue using the technology because he fears that he will otherwise be unable to fulfill his supply contracts. The patent holder monitors the market closely and notices that K continues to produce despite the court injunction.
Question: What can the patent holder do to prevent K from continuing to produce?
Valuable IP-Right
Entrepreneur I has a patent on a specific technical solution, which he has not yet used extensively himself, but primarily regards as a valuable property right. He discovers that competitor J is using this solution in his products without permission and is generating high sales as a result. Instead of stopping the process immediately, entrepreneur I has primarily an economic interest and wants to earn as much money as possible.
Question: How can this work?