Litigation Research Targeting Retail Operations Unearths Key Context for Potential IP Infringement

Background

Forward Risk was engaged by a law firm to support their client, an online retail company, considering a lawsuit against an overseas fashion company for intellectual property infringement regarding their logo. Specifically, our client asked us to find out whether the company had previously operated or otherwise sold goods in the U.S.

Our Work

Because the client’s request focused specifically on the potential defendant’s operations in the U.S., our methodology consisted primarily of an open source and public records screening to determine the existence and extent of those operations. These included U.S. corporate records, including annual reports and filings, relevant civil and litigation records, financial regulators, state and county recorders, and social media and other open-source online platforms. During this review process, we also directed particular attention to potential intellectual property and patent issues in the subject’s history.

Results

We successfully determined that affiliates of the fashion company in question had been previously named as defendants in multiple trademark and copyright infringement suits in United States federal courts. In addition, the company itself, at the time of the reporting, was planning an IPO in the U.S. This provided our client with key context to aid their decision-making process in whether or not to pursue litigation. More specifically, it equipped them with potential leverage to use in event of negotiations with the fashion company.