Legal Definitions - infringement opinion

An infringement opinion is a formal legal assessment, typically provided by an attorney, that evaluates whether a specific product, service, process, or creative work violates another party's intellectual property rights. These rights can include patents, copyrights, trademarks, or trade secrets. Companies often seek an infringement opinion to understand their legal risks before launching a new product or service, or to build a defense strategy if they are accused of infringement. The opinion analyzes relevant legal standards and facts to conclude whether infringement is likely to occur or has occurred.

• A technology startup is developing a new smartphone feature that allows for advanced biometric authentication. Before investing millions in manufacturing and marketing, the company's executives commission an infringement opinion from a patent attorney. The attorney reviews the startup's design specifications and compares them against existing patents held by competitors in the biometric authentication space. The opinion concludes that while some aspects are novel, a key component of their proposed feature closely resembles a patented algorithm, indicating a high risk of patent infringement.

• A small marketing agency is designing a new website for a client and uses several stock photographs downloaded from a free online database. To ensure compliance and avoid future legal issues, the agency's legal counsel requests an infringement opinion regarding the use of these images. The opinion investigates the licensing terms of the database and the origin of the images, ultimately advising that some images were improperly uploaded to the "free" database and are, in fact, copyrighted by a professional photographer, thus posing a risk of copyright infringement if used without proper licensing.

• A beverage company plans to launch a new line of energy drinks under the brand name "VigorBlast." Before proceeding with extensive branding and packaging, the company seeks an infringement opinion from a trademark lawyer. The lawyer conducts a thorough search of existing trademarks in the beverage industry and related fields. The opinion reveals that a similar-sounding trademark, "VigorBurst," is already registered for a line of nutritional supplements, concluding that using "VigorBlast" could lead to consumer confusion and a potential trademark infringement lawsuit.