1. Intellectual Property Rights Cases We Handle
Enforcement matters can involve copied content, competing products, confusing branding, confidential information, or use beyond a license. The right involved and the business objective determine which claims and services warrant review.
Copyright, Patent, and Trademark Claims
Copyright disputes may concern photographs, software, or protected design elements. Patent claims require comparison of the accused product or process with the patent claims. Trademark claims generally address consumer confusion, while counterfeiting has additional requirements.
In patent infringement litigation, counsel evaluates ownership, claim scope, validity issues, and the accused activity before recommending enforcement.
Trade Secret and License Disputes
Unauthorized downloads or competitor access may justify an investigation, but a confidentiality label alone does not establish a trade secret. Trade secret protection requires qualifying confidential information and reasonable measures to maintain secrecy.
License disputes require examination of permitted uses, territory, duration, sublicensing, and termination. Conduct outside an agreement may support infringement, breach of contract, or both, depending on the right and contractual terms.
2. What Counsel Reviews before Taking Action
Before a demand or lawsuit, counsel checks who can enforce the right, what the evidence establishes, and which court can hear the claim. Ownership gaps or overlooked permissions can undermine an otherwise promising case.
Ownership, Registration, and Authority to Sue
Paying a contractor does not necessarily transfer copyright. Signed assignments, employment arrangements, and licenses may determine ownership and authority to sue. For U.S. .orks, an infringement action generally requires registration or refusal, subject to statutory exceptions.
Registration timing also affects copyright statutory damages and attorney’s fees under 17 U.S.C. § 412. Registering after infringement begins does not automatically eliminate every remedy, but it can restrict recovery.
Evidence Supporting the Claim
Preserve original records and their context before approaching the opposing party. Each record should connect to a specific issue rather than simply increase the volume of documents.
| Record | Issue It May Support |
|---|---|
| Assignments and licenses | Ownership and authorized uses |
| Dated captures and purchased samples | Alleged use, sellers, and product features |
| Access logs and confidentiality controls | Acquisition and secrecy measures |
| Sales and licensing records | Commercial harm and damages |
Assignments and licenses
- Issue It May SupportOwnership and authorized uses
Dated captures and purchased samples
- Issue It May SupportAlleged use, sellers, and product features
Access logs and confidentiality controls
- Issue It May SupportAcquisition and secrecy measures
Sales and licensing records
- Issue It May SupportCommercial harm and damages
Counsel can identify missing evidence and arrange lawful collection. Avoid altering originals or accessing another party’s accounts or systems without authorization.
3. Choosing an Enforcement Strategy
The available route may be a removal request, negotiated license, settlement, or court action. Evidence strength, continuing harm, potential recovery, and litigation cost should guide that choice.
Notices and Negotiated Resolution
A cease and desist letter should accurately identify the right, challenged conduct, and requested action. A demand can prompt a validity challenge or declaratory judgment action, making timing and wording consequential.
Settlement terms may address removal, future use, payment, reporting, and releases. A copyright settlement should specify which works, uses, claims, and parties the agreement covers.
Injunctions and Financial Recovery
An injunction requires the applicable legal showing; infringement does not automatically stop the opposing business. Patent damages may include proven lost profits or a reasonable royalty. Under 35 U.S.C. § 284, a court may enhance damages up to three times the assessed amount, but willfulness does not guarantee enhancement.
When available, copyright statutory damages generally range from $750 to $30,000 per work and may reach $150,000 for willful infringement. These are discretionary awards, not automatic payments for each sale or download.
Federal and State Claims
The DTSA provides a civil claim for qualifying trade secrets related to products or services used or intended for use in interstate or foreign commerce. New York trade secret claims arise under common law, with their own requirements and remedies.
Patent and copyright claims arising under federal law fall within exclusive federal jurisdiction. Related contract and other state claims require separate jurisdiction and preemption analysis. Criminal referral is a distinct process; prosecutors decide whether to bring charges.
4. Mistakes That Can Weaken an IP Claim
Deleting records, publicly revealing confidential information, or overstating the scope of a right can complicate enforcement. Preserve evidence and review legal obligations before making accusations or seeking removal.
Preserve Records before Content Disappears
Retain relevant files, metadata, communications, and transaction records before submitting a removal request. When litigation is reasonably anticipated, counsel can assess preservation duties and suspend relevant routine deletion.
Check Agreements and Deadlines
Review arbitration provisions, forum-selection clauses, and contractual notice requirements before choosing a proceeding. Limitation periods differ by claim, and negotiations do not automatically suspend them.
5. Frequently Asked Questions
Ownership and removal questions often arise before a rights holder decides whether to pursue a claim.
Possibly, but payment alone does not establish copyright ownership. Counsel should examine any signed assignment and whether the work qualifies as a work made for hire before identifying the proper claimant.
Removal does not necessarily resolve liability for earlier infringement. It may stop continuing use, while damages, releases, and settlement terms remain unresolved.
6. When to Seek Counsel for an IP Dispute
Seek review when unauthorized use continues, confidential files leave the business, ownership is contested, or a product launch raises a need for urgent relief. Bring registrations, contracts, dated evidence, correspondence, and loss records. Counsel can assess enforceable rights, preservation needs, deadlines, and the practical options for pursuing the claim.
01 Oct, 2026
