How Much Does a Trademark or Copyright Infringement Lawsuit Cost?

Introduction
One of the first questions business owners and creators ask when considering litigation is: “How much is this going to cost me?” Trademark and copyright infringement lawsuits are high-stakes, but they’re also complex, time-consuming, and resource-intensive. Understanding the potential costs—financial and otherwise—can help you make an informed decision about whether to pursue or defend a case.

Key Factors That Drive the Cost of an IP Lawsuit

1. Complexity of the Case

   • Simple cases (like clear counterfeit sales) may resolve more quickly than complex disputes involving multiple parties, fair use defenses, or international issues.

2. Stage of Resolution

   • Costs increase the longer a case goes on:

     • Pre-litigation (demand letters, negotiations): Least expensive stage.

     • Early settlement: Significantly less than going to trial.

     • Trial: Most expensive path, requiring extensive attorney time and expert witnesses.

3. Attorney’s Fees

   • IP litigation is specialized, and fees reflect the expertise needed. Federal court procedures, discovery, and motions require significant preparation.

4. Court and Filing Fees

   • Federal court filing fees and administrative costs are typically a few hundred dollars but add up alongside legal fees.

5. Discovery Costs

   • Gathering and reviewing evidence, depositions, and electronic discovery can make this one of the costliest phases.

6. Expert Witnesses

   • In cases involving damages, confusion studies, or specialized technical issues, experts may be required and are often expensive.

Average Cost Ranges

While every case is unique, industry surveys suggest:

• Trademark infringement lawsuits: $120,000 – $750,000 depending on length and complexity.

• Copyright infringement lawsuits: $75,000 – $500,000 or more, especially when damages are heavily contested.

Keep in mind, these are estimates. Costs can be higher or lower based on the facts of your case and the strategy pursued.

Potential Financial Recovery

While lawsuits are expensive, they may be worth it if:

• You can recover actual damages (lost sales, harm to reputation).

• You can claim the infringer’s profits.

• In certain cases, you may be awarded statutory damages or even attorneys’ fees if you win.

This means a strong case can offset or even outweigh the costs of litigation.

Cost-Saving Alternatives to Litigation

• Negotiated settlements or coexistence agreements may resolve disputes at a fraction of trial costs.

• Mediation or arbitration can provide quicker, less expensive solutions.

• Strategic enforcement (choosing the right battles) ensures resources are spent where it matters most.

Conclusion
Trademark and copyright infringement lawsuits are serious investments of time and money—but they can be critical to protecting your brand and business. Understanding the likely costs helps you weigh the risks and rewards of litigation. At Trestle Law, we guide clients through these decisions with a focus on strategy, cost-efficiency, and protecting the long-term value of their intellectual property.

Contact us today to schedule a consultation and discuss the costs, strategies, and benefits of pursuing or defending 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.