What to Do If You’re Facing a Trademark or Copyright Infringement Lawsuit
Introduction
Being involved in an intellectual property (IP) dispute is stressful and expensive, but it’s also high stakes. Whether you’ve discovered someone infringing on your trademark or copyright, or you’ve been accused of infringement yourself, the outcome of your case can directly impact your brand, revenue, and reputation. If you’re searching for how to handle a trademark or copyright lawsuit, here’s what you need to know, and how an experienced IP attorney can help you protect your business.
Trademark and Copyright Infringement: What’s the Difference?
Trademark infringement happens when someone uses a brand name, logo, slogan, or other protected mark in a way that confuses consumers. Example: A competitor launches a product with a logo nearly identical to yours.
Copyright infringement occurs when someone uses your original creative work—photos, videos, music, software, written content—without your permission. Example: A company reposts your marketing videos or uses your software code without a license.
Both situations can lead to costly litigation if not handled quickly and correctly.
Why Infringement Lawsuits Happen
Lawsuits typically arise because:
Cease-and-desist letters go ignored.
Negotiations break down.
Infringement is deliberate and ongoing.
Damages are significant (lost sales, harm to reputation, or unauthorized profits).
If you’re at this point, you’re dealing with litigation-level stakes and need a strong legal strategy.
Steps to Take Immediately
Preserve Evidence
Keep records of the infringement: screenshots, sales data, marketing materials, contracts, and communications.
Do Not Contact the Other Party Directly
Anything you say could later be used against you in court. Let your attorney handle communications.
Evaluate the Strength of Your Case
Do you have registered trademarks or copyrights? Are your rights clearly established? The stronger your protections, the better your position in litigation.
Understand Potential Damages
Remedies may include monetary damages, injunctions (stopping use of the IP), and recovery of profits gained from infringement.
Hire an Experienced IP Litigation Attorney
IP lawsuits require highly specialized knowledge. A general business lawyer is not enough—you need a trademark or copyright litigator who understands the nuances of federal IP law.
Defending Against Infringement Claims
If you’ve been accused of infringement:
Don’t ignore the lawsuit. Failing to respond can result in a default judgment against you.
Assess fair use and defenses. In some cases, use may qualify as fair use, parody, or independent creation.
Work toward resolution. Settlements are possible, but only if you have the right negotiation strategy.
Why Having an IP Litigation Attorney Matters
Courtroom experience: Litigation is technical and procedural—mistakes can cost you your rights.
Negotiation leverage: A skilled attorney can often resolve cases faster and on better terms.
Business protection: Beyond the lawsuit, your lawyer can help implement protections to prevent future disputes.
Conclusion
Whether you need to file a lawsuit for trademark or copyright infringement or you’ve been served with one, the decisions you make now can determine your business’s future. At Trestle Law, we help business owners navigate the complexities of IP litigation with strategy, precision, and focus on protecting what you’ve built.
Contact us today to schedule a consultation and discuss your infringement case.
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.