Trademark and Copyright Infringement Litigation
If you are an owner of rights arising under trademark or copyright laws, you have not only a right, but a duty to enforce those rights through monitoring third-party use. The duty to “police” marks may be satisfied in many cases through notice to an infringer of a well-supported objection, most often through a cease and desist letter. In some cases however, filing a lawsuit in federal court is the best option for protecting your intellectual property.
Cahill IP, PLLC litigates exclusively in federal court in cases alleging trademark infringement and copyright infringement. Our years of experience and implementation of the latest legal technology creates value-driven litigation efforts with one objective in mind – to resolve the litigation on terms that are favorable to our clients every time.
Intellectual property litigation should not be handled by a general practitioner given the specific legal presumptions, defenses, and damages available under U.S. intellectual property laws. As just one example, a prevailing plaintiff or a prevailing defendant in a copyright infringement matter may recover its attorney’s fees under certain circumstances. This right to recover attorney’s fees is anathema to the bulk of U.S. law in which parties pay their own fees regardless of outcome. Statutory damages and enhanced “treble” damages may also be available to prevailing plaintiffs, but these remedies must be properly preserved or forever waived.
Whether you are an intellectual property owner prosecuting a claim against an unauthorized user of intellectual property, or you have received notice that you may be infringing, contact the trademark and copyright infringement litigation attorneys at Cahill IP at (502) 443-1058 for questions regarding next steps.