How to Defend Against a Trademark or Copyright Infringement Lawsuit

Introduction
Being served with a trademark or copyright infringement lawsuit is intimidating. Beyond the stress, the financial and reputational stakes are high—ignoring it or responding the wrong way can lead to default judgments, injunctions, or significant damages. The good news is, there are defenses and strategies available. In this blog, we’ll walk you through how to defend against an infringement lawsuit and why having an experienced intellectual property (IP) litigation attorney matters.

First Steps After Being Sued

1. Don’t Ignore the Complaint

   • You typically have a short window (often 21 days in federal court) to respond. Failing to act can result in a default judgment against you.

2. Contact an IP Attorney Immediately

   • Trademark and copyright law is highly specialized. A general lawyer may not understand the nuances of federal IP defenses.

3. Preserve All Evidence

   • Save marketing materials, sales data, communications, and any design drafts. Evidence will be crucial in mounting your defense.

Common Defenses to Trademark Infringement

• No Likelihood of Confusion
  The plaintiff must prove consumers are likely to confuse your mark with theirs. If your branding, market, or customers differ, confusion may be unlikely.

• Fair Use
  Sometimes use of another’s trademark is legally permissible, such as descriptive fair use or comparative advertising.

• Parody
  Using a mark in parody can be protected if it’s clear you’re not trying to mislead consumers.

• Abandonment or Weak Mark
  If the plaintiff hasn’t actively used or protected their trademark, they may not have strong rights.

Common Defenses to Copyright Infringement

• Fair Use Doctrine
  If your use was for criticism, commentary, education, or parody, it may qualify as fair use.

• Independent Creation
  If you created the work independently, without copying, you may have a strong defense.

• Invalid Copyright
  The plaintiff must prove they own a valid copyright. If they don’t, their claim may fail.

• License or Permission
  If you had explicit or implied permission to use the work, that can be a full defense.

Litigation Strategies

• Early Motion to Dismiss
  If the lawsuit lacks legal merit, your attorney may file to dismiss the case before it proceeds.

• Negotiated Settlement
  Many infringement cases resolve out of court with agreements that minimize risk and costs.

• Vigorous Defense at Trial
  If settlement isn’t possible, your attorney will build a strong case using evidence, expert witnesses, and legal precedent.

Why Legal Representation Matters

• Protect Your Business: A skilled attorney can limit damages and protect your brand’s reputation.

• Level the Playing Field: Plaintiffs often have aggressive counsel—your defense should be equally strong.

• Strategic Options: Experienced IP litigators know when to push for dismissal, settlement, or trial.

Conclusion
Defending against a trademark or copyright infringement lawsuit is daunting, but you’re not powerless. With the right legal strategy and an experienced attorney, you can protect your rights, reduce liability, and keep your business moving forward. At Trestle Law, we defend businesses facing infringement claims with a focus on practical, strategic solutions.

Contact us today to schedule a consultation about your defense options.

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.