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Intellectual Property

Brand Enforcement

You have found knockoffs on a marketplace, a lookalike domain, and a shop using your name in another state. Brand enforcement is deciding what to do about each one, and in what order.

Reviewed

01 GUIDE

Brand Enforcement: what usually happens

Tools that work outside court

Most brand enforcement starts outside court. Major marketplaces run their own IP complaint systems, and enrolling in a brand registry program, which usually requires a registered or pending trademark, makes those systems easier to use. Domain names that copy your mark can be challenged through the UDRP, an administrative proceeding that can transfer a domain without a lawsuit. A cease-and-desist letter often suits a business that can be identified and has its own reasons to avoid a dispute. Each tool has limits: marketplace removals do not stop a seller from reappearing, and a UDRP complaint requires showing bad faith.

Border measures and litigation

Recording a federal trademark registration with U.S. Customs and Border Protection lets officers watch for counterfeit imports. When informal steps fail, a federal lawsuit can seek an injunction and the infringer's profits, and counterfeiting claims carry remedies beyond ordinary infringement. Courts can also order seizure of counterfeit goods in appropriate cases, and in counterfeiting matters an owner may ask for statutory damages instead of proving actual harm. Because litigation is costly, it is usually reserved for infringers whose conduct causes real damage or who will not stop.

Setting priorities

We help sort infringers by harm: how close the use is to your goods, how much confusion appears in practice, and how reachable the infringer is. Your registrations matter here, so we check that they cover the goods being copied. Keep dated screenshots, records of test purchases, and evidence of customer confusion, such as misdirected complaints or reviews. From there we propose an order of action that fits your budget and the threats that matter most.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about brand enforcement and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.