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Intellectual Property

IP Infringement

A competitor's product looks familiar, a former partner is selling something that seems built on your work, or a letter accuses you of taking someone else's. Before deciding what to do, it helps to know which kind of intellectual property is actually involved.

Reviewed

01 GUIDE

IP Infringement: what usually happens

Identifying the right at stake

Intellectual property is a cluster of separate rights, and each answers a different question. Copyright protects creative expression such as text, images, code, and music. Trademarks protect names, logos, and other signs that tell customers who stands behind a product. Patents protect inventions and designs, but only once granted and only within their claims. Trade secrets protect confidential business information that is valuable because it is kept secret and that the owner takes reasonable steps to protect. A single dispute can involve more than one, and the strongest claim is not always the one that feels most obvious.

Different rights, different tools

Each kind of IP infringement has its own remedies and pressure points. Copyright owners can use platform takedown procedures, while trademark owners often lean on marketplace brand programs and on recording their marks with customs to stop counterfeit goods at the border. Imported products accused of infringing a patent or other rights can sometimes be addressed at the U.S. International Trade Commission, which can bar them from entry. Some rights need registration or issuance before you can go to court, and most are subject to limitations periods. Knowing which tools are available often shapes the response more than the lawsuit itself does.

Starting the assessment

Bring what you have on both sides: your own registrations, patents, contracts, and development records, and whatever you know about the other party's product, listing, or use. If the dispute involves a former employee or business partner, find the agreements that governed the relationship, since ownership and confidentiality terms often decide more than infringement law does. Preserve evidence without accessing anyone else's accounts or systems. We use the first conversation to identify which rights are realistically in play, what each would require you to prove, and whether a letter, a platform complaint, an agency proceeding, or a lawsuit is the proportionate response.

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

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05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

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(424) 561-7557

Attorney Advertising. This page is general information about IP infringement 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.