Question
How do we best assess the legal risk we might have regarding IP? I know that this is often part of the talks between startups and VCs, and I would like to know more about the issue. How do we determine the risk of an infringement lawsuit? Is there also a way to somehow figure out how high the risk is of others infringing our IP and us filing a lawsuit?
We are a software development company at seed stage. We develop software and algorithms for a spectrum of complex simulation scenarios in fluid dynamics applications.
Answers: 5 public & 0 private
Regarding trademark risk, your trademark search must include all countries you plan to do business in. Searching the U.S. only will not reveal your global risk. Even if your unregistered trademark does not have any exact registrations, you need to evaluate similar names especially in your product category. Fighting trademark oppositions can be as costly and problematic as direct infringements.
Risk can also come from counterfeits and look alike products. You may evaluate your risk there by researching competitor products and their exposure to counterfeits.
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