How to File a Trademark or Copyright Infringement Lawsuit
Introduction
Discovering that someone is infringing on your trademark or copyright can be frustrating and damaging. When cease-and-desist letters don’t work and negotiations break down, a lawsuit may be the only way to protect your brand and recover damages. Filing a trademark or copyright infringement lawsuit is a serious step, but with the right strategy and legal team, it can safeguard your business’s most valuable assets.
When to Consider Filing a Lawsuit
Cease-and-desist efforts have failed.
The infringement is ongoing or deliberate.
You’re experiencing measurable losses (lost sales, harm to your reputation, or loss of exclusivity).
You need an injunction to stop the infringer quickly.
If these apply to you, it may be time to escalate from warnings to litigation.
Steps to File a Trademark or Copyright Infringement Lawsuit
Confirm Your Rights
Ensure your trademark or copyright is properly registered. Registration strengthens your case and increases potential damages.
Collect Evidence
Gather proof of the infringement, such as screenshots, customer confusion examples, sales data, or any communications from the infringer.
Assess Your Goals
Determine whether you’re seeking damages, an injunction to stop the infringing activity, or both.
Hire an Experienced IP Litigation Attorney
Intellectual property litigation is highly specialized. A qualified attorney will evaluate your case, draft the complaint, and represent you in federal court.
File the Complaint
Your attorney will file the lawsuit in the appropriate federal district court and serve the infringer with a summons and complaint.
Seek Immediate Remedies
In urgent cases, your attorney may request a temporary restraining order or preliminary injunction to stop ongoing infringement before trial.
Potential Remedies in IP Lawsuits
Monetary Damages: Recover losses and, in some cases, the infringer’s profits.
Injunctive Relief: A court order requiring the infringer to stop using your IP.
Seizure of Infringing Goods: In trademark cases, infringing goods may be seized and destroyed.
Attorneys’ Fees and Costs: In exceptional cases, you may recover legal fees.
Why Litigation Strategy Matters
Leverage in Settlement: Filing a lawsuit can push infringers to settle quickly on favorable terms.
Protect Future Value: Enforcing your rights now strengthens your brand’s reputation and deters future infringers.
Preserve Exclusivity: Litigation ensures your IP remains a unique competitive asset.
Conclusion
Filing a trademark or copyright infringement lawsuit is a significant but often necessary step to protect your brand and business. With an experienced IP litigation attorney, you can build a strong case, stop the infringement, and recover damages. At Trestle Law, we represent businesses ready to enforce their rights and defend their most valuable assets.
Contact us today to schedule a consultation about your infringement case.