Common Mistakes in Trademark and Copyright Lawsuits That Could Cost You
Introduction
Lawsuits are stressful, expensive, and risky. But what many business owners don’t realize is that the biggest threats in a trademark or copyright case aren’t always what happens in court—they’re the missteps made along the way. From ignoring deadlines to underestimating the importance of evidence, these mistakes can weaken your case and increase costs dramatically. Here’s what you need to know (and avoid) if you’re involved in IP litigation.
1. Ignoring Deadlines
Federal courts are strict about timelines. Missing even a single deadline to respond to a complaint, motion, or discovery request can result in fines—or worse, a default judgment against you.
2. Contacting the Other Party Directly
It may be tempting to “explain your side,” but direct communication with the other party can backfire. Anything you say can be used against you in negotiations or trial. Always let your attorney handle communication.
3. Failing to Preserve Evidence
Deleting emails, social media posts, or files (even unintentionally) can harm your credibility and your case. Courts can impose sanctions for spoliation of evidence. Save everything from the start.
4. Underestimating the Importance of Registration
Unregistered trademarks and copyrights can still be protected, but litigation is much harder without registrations. Plaintiffs without registered IP often lose leverage in settlement talks.
5. Misunderstanding “Fair Use”
Many defendants assume their use qualifies as fair use or parody when it doesn’t. Misapplying fair use arguments is one of the quickest ways to lose a case.
6. Waiting Too Long to Act
Delay can weaken your case. Courts may see inaction as acceptance, and infringers can rack up profits the longer you wait to file.
7. Choosing the Wrong Attorney
Not all lawyers are equipped for IP litigation. These cases involve federal law, technical rules of evidence, and specialized defenses. Hiring a general business attorney—or trying to DIY—can cost you far more in the long run.
Conclusion
Intellectual property lawsuits are high-stakes battles, but many of the most costly mistakes are avoidable. By working with an experienced IP litigation attorney, you can avoid missteps, strengthen your case, and protect your business.
Contact Trestle Law today to schedule a consultation and get the strategy you need to avoid costly mistakes in your infringement case.
Attorney Advertising Notice and Disclaimer
This blog is intended for informational purposes only and does not constitute legal advice. Viewing or relying on this content does not create an attorney-client relationship with Trestle Law APC or its attorneys. Every situation is different, and you should consult with a qualified attorney licensed in your jurisdiction before making legal decisions.
Trestle Law APC is a California law firm. Attorney Kristen Roberts is licensed to practice law in California. This communication may be considered attorney advertising under the California Rules of Professional Conduct. Past results do not guarantee future outcomes.
