Royalty Recovery & Brand Protection
When properly licensed, intellectual property ownership can yield significant royalty flows. William R. Wohlsifer, PA’s royalty recovery litigation practice focuses on non-compliance with LICENSE AGREEMENTS and the collection of outstanding royalties due the licensor from the licensee.
Following reasonable demand, if settlement cannot be accomplished we proceed to attempt recovery by filing a breach of contract lawsuit. In many cases the breach of contract lawsuit will include a demand for a cease and desist order or a temporary restraining order.
In the event of unauthorized or out-of-contract Internet use of protected trademark or copyrighted material, we may also issue a DMCA takedown notice under the Digital Millennium Copyright Act.
William R. Wohlsifer, PA only accepts cases in which the amount in controversy exceeds $15,000, exclusive of interest and attorney’s fees. Our Royalty Recovery cases are accepted on a contingent-fee-plus-costs basis, under which you will owe no amount for attorney’s fees unless there is a monetary recovery, but will only be responsible for pre-approved costs.
If there is a recovery, William R. Wohlsifer, PA will be entitled to share in the recovery at a percentage set forth in our written contingent-fee-plus-costs agreement, which must be signed prior to commencement of representation.
Under our contingent-fee-plus-costs agreement, the intellectual property owner is responsible for costs such as court filing fees, service of process, certified mail, photocopying, private investigator fees, etc., regardless of the outcome of the case. William R. Wohlsifer, PA will do all it can to keep these costs at a minimum, and will not incur any single reasonable and necessary cost without the client’s prior approval.
Maximize the value of your brand by enforcing the terms of your LICENSE AGREEMENTS. Failing to do so can cause a “chilling effect” in your industry, which may hinder future collections by implying that your company is soft on receivables.
If you are a brand owner experiencing delinquent royalty payments or license agreements in default, consider outsourcing your royalty recovery actions to our collection law firm. No recovery, no fee, but client is responsible for costs.