From protecting your IP to defending it in court.
Modern Mark handles intellectual property from start to finish, from advising on how to establish your rights, to securing them, to enforcing them through litigation when it comes to that.
IP litigation is a lawsuit over intellectual property, usually in federal court, for trademark infringement, copyright infringement, trade secret theft or patent infringement.
Most disputes end with a letter, a takedown or a TTAB proceeding. When one doesn’t, or when you need money damages or a court order, Modern Mark takes it to court.
When does an IP dispute go to court?
When the cheaper tools don’t resolve it, or when you need what only a court can give, such as money damages, an order to stop, or a ruling on infringement. The TTAB decides registration only.
Most disputes start with a cease-and-desist letter, a takedown or a TTAB proceeding, and many end there. See trademark enforcement and trademark oppositions.
What happens in a trademark infringement lawsuit?
The owner must show it has rights in the mark and that the other side’s use is likely to confuse customers. Remedies can include an order to stop, the infringer’s profits, damages and, in exceptional cases, attorney’s fees.
Registered marks are enforced under Section 32 of the Lanham Act and unregistered marks under Section 43(a). Counterfeiting also carries statutory damages.
What do I need to sue for copyright infringement?
For a US work, a registration or a refused application with the US Copyright Office. Registering before the infringement, or within three months of publication, also makes statutory damages and attorney’s fees available.
Statutory damages run from $750 to $30,000 per work, and up to $150,000 for willful infringement. Smaller claims can go to the Copyright Claims Board, which caps damages at $30,000. See copyright registration.
How are trade secrets protected?
Through contracts and through state and federal law. Most states have adopted the Uniform Trade Secrets Act, and the federal Defend Trade Secrets Act lets owners sue in federal court. Trade secrets are never registered, so they last only as long as you keep them secret.
Protection starts with the paperwork, including confidentiality agreements, employee and contractor agreements, and clear controls over who sees what. Those are the first things a court looks at. See business contracts.
How much does IP litigation cost?
It depends on how far the case goes. Most cases resolve before trial, often after early motions or settlement talks, and we give you a cost range at each stage before you commit.
How it works.
Tell us your needs
Fill out our matter evaluation form. The more detail you provide, the better we can help.
Free matter evaluation
We review your information and determine how we can best help. Free of charge, no commitment.
Schedule your Strategy Session
If we can help, you’ll get a link to a 45-minute strategy session with clear next steps and a quote.
More questions.
Q01Can I get my legal fees back?
Sometimes. Trademark law awards attorney’s fees only in exceptional cases, copyright law allows them when the work was registered in time, and trade secret law allows them for willful and malicious misappropriation.
Q02Should I sue or send a cease-and-desist letter first?
Usually the letter first. It is cheaper, often resolves the problem, and shows a court you tried. Some cases, such as counterfeits or a leaked trade secret, need faster action.
Related services.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Enforcement
Cease-and-desist letters, takedowns, UDRP, cancellations and monitoring.
Copyright
Copyright registration, DMCA takedowns when work is copied, and licensing.
Business Contracts
Custom contracts designed to hold up.
Business Formation
The right entity, filed correctly, in nearly any state.
Marketing Compliance
FTC and FDA review of ads, product claims and influencer deals.
Fractional General Counsel
A lawyer on speed-dial, without a full-time hire.
Trademark Monitoring
A year-round watch for copycat filings, with monthly attorney reviews.
Trademark Licensing & Monetization
Licensing, assignments, franchising and co-branding deals that turn a brand into income.
Business Legacy & Estate Planning
Plan who owns and runs the business, and the brand, after you.
Trademark Oppositions
Received a Notice of Opposition? Your answer deadline and your options for defending or settling it.
Filed It Yourself?
Attorney help when a self-filed application gets an office action, refusal, abandonment, or opposition.
Foreign Applicants
USPTO rules require trademark applicants based outside the US to be represented by a US-licensed attorney.
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