Trademark Enforcement
Intellectual Property and Technology | TrademarkWe protect brand value through comprehensive trademark enforcement including monitoring, cease and desist campaigns, TTAB proceedings, and litigation.
Overview
Protecting Brand Value Through Vigilant Enforcement
Trademark rights require active protection. Failure to enforce against infringers can weaken rights and embolden additional violators. Our Trademark Enforcement practice provides comprehensive brand protection through monitoring, cease and desist campaigns, administrative proceedings, and litigation.
Monitoring Programs
Effective enforcement begins with detection. We implement monitoring programs tracking trademark filings, domain registrations, and marketplace activity. We identify potential infringement early, enabling prompt response before violations become entrenched. Monitoring covers federal filings, state registrations, and common law use.
Cease and Desist
Many infringement matters resolve through demand letters. We send professionally crafted cease and desist communications that establish rights, document violations, and demand appropriate remedies. Effective demands achieve compliance without litigation cost. We calibrate tone and demands to circumstances, balancing firmness with relationship preservation where appropriate.
Opposition and Cancellation
The Trademark Trial and Appeal Board provides administrative remedies against conflicting applications and registrations. We file oppositions blocking confusingly similar applications before they register. We pursue cancellations against improper registrations. TTAB proceedings provide important tools for protecting registration rights.
Online Enforcement
Digital infringement requires specialized approaches. We pursue platform takedowns through Amazon Brand Registry, eBay VeRO, and social media reporting tools. We file UDRP complaints recovering infringing domain names. We coordinate online enforcement with traditional remedies.
Anti-Counterfeiting
Counterfeit goods require aggressive response. We pursue anti-counterfeiting actions through litigation, customs recordation and seizure, and law enforcement coordination. We protect brands against counterfeits eroding reputation and revenue.
Strategic Enforcement Programs
Large trademark portfolios require systematic enforcement. We develop strategic programs prioritizing enforcement resources based on harm severity, precedential value, and business relationships. We track enforcement activities and measure program effectiveness.
Our Services
trademark
Federal registration and validity opinions
trademark_litigation
Federal registration and validity opinions
intellectual_property_and_technology
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Not necessarily, but systematic failure to enforce can weaken rights. Strategic enforcement prioritizes based on harm, precedent, and resources. Document enforcement decisions.
Non-enforcement can lead to weakened rights, trademark dilution, and loss of distinctiveness. It may embolden additional infringers seeing no consequences.
Remedies include injunctions, actual damages, defendant's profits, statutory damages for counterfeiting, and potentially attorneys' fees.
Enforcement against partners requires diplomatic handling. We work to resolve issues through negotiation while preserving relationships where possible.
Recording trademarks with U.S. Customs enables seizure of infringing imports. This provides powerful protection against counterfeit goods.
Through foreign counsel and international coordination. Local enforcement approaches vary significantly by jurisdiction.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
