How Long Does a Trademark or Copyright Infringement Lawsuit Take?

Introduction
If you’re considering filing, or defending, a trademark or copyright infringement lawsuit, one of the biggest questions you probably have is: “How long will this take?” Unfortunately, the answer is not simple. Intellectual property (IP) lawsuits can move quickly in some cases, but most take months or even years, depending on the complexity and whether the case goes to trial. In this blog, we’ll break down the timeline of a typical IP lawsuit and the factors that can speed up or slow down your case.

Typical Timeline of an IP Lawsuit

1. Pre-Litigation (Weeks to Months)

   • Often begins with a cease-and-desist letter or negotiations. If parties can’t resolve the dispute here, a lawsuit is filed.

2. Filing the Complaint (1–2 Months)

   • The plaintiff files the lawsuit in federal court. The defendant has about 21 days to respond.

3. Discovery (6–12 Months or More)

   • This is the most time-consuming phase, involving the exchange of evidence, depositions, expert witnesses, and document review.

4. Motions and Hearings (Ongoing)

   • Either side may file motions to dismiss, for summary judgment, or to limit evidence. These can extend the timeline significantly.

5. Settlement Discussions (Anytime)

   • Many cases settle before trial, sometimes after discovery reveals strengths or weaknesses in the claims. Settlements can end the case in months rather than years.

6. Trial (1–2 Weeks, After 12–24 Months)

   • If the case doesn’t settle, it goes to trial. Preparing for trial adds months of preparation, and appeals can extend the process further.

Factors That Influence the Timeline

• Complexity of the Case: Cases involving multiple parties, international infringement, or novel legal issues take longer.

• Court’s Schedule: Federal courts are often backlogged, which can delay hearings and trials.

• Settlement Willingness: If both sides are motivated to resolve the dispute, the case may end quickly.

• Discovery Disputes: Fighting over access to evidence or experts can add months.

• Strategic Delays: Sometimes one side deliberately slows down the case to pressure the other party.

Faster Resolutions Are Possible

While some IP lawsuits drag on for years, many disputes resolve much faster if:

• The infringement is clear (such as counterfeit goods).

• Parties reach a licensing or settlement agreement early.

• The court grants summary judgment in favor of one side without trial.

Conclusion
A trademark or copyright infringement lawsuit can take anywhere from a few months to several years, depending on the facts and strategy. While the process can feel overwhelming, an experienced IP litigation attorney can help you navigate it efficiently, identify opportunities for faster resolution, and protect your business at every step. At Trestle Law, we guide clients through every phase of litigation with strategy and focus.

Contact us today to schedule a consultation and discuss the likely timeline for 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.