At first blush, intellectual property (IP) has nothing to do with real property. However, that first impression is wrong. While a typical residential property matter rarely has any IP ramifications, the opposite is usually true for commercial property matters.
IP issues are commonly overlooked for a number of reasons, for instance, simply being unaware of their presence or because of an inchoate fear that ‘there be dragons’ – and it is best if one does not delve too deeply for fear of awakening an unknown horror. Certainly, the latter reason seems to prevail in many commercial disputes where it is equally misplaced.
Yet there is a growing awareness among commercial litigators that leveraging an IP issue can ...
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