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Attorney for Intellectual Property Infringement
In a global commercial hub like New York City, intellectual property is often the most valuable asset a business owns. Whether you are a fashion designer in the Garment District, a tech startup in Silicon Alley, a media company in Midtown, or an independent artist in Brooklyn, your trademarks, copyrights, patents, and trade secrets define your brand and drive your revenue. When infringers steal, copy, or misuse that property, the consequences can be devastating — and the response must be swift, strategic, and legally sound.
Our New York City intellectual property infringement attorneys represent creators, inventors, entrepreneurs, and established businesses in protecting and enforcing their IP rights. From cease-and-desist letters to full-scale federal litigation in the Southern and Eastern Districts of New York, we deliver aggressive, results-driven representation tailored to the realities of doing business in New York.
What Constitutes Intellectual Property Infringement?
Intellectual property infringement occurs when a third party uses, copies, or exploits protected intellectual property without authorization. In New York City, infringement disputes frequently arise across four primary categories of IP, each governed by distinct legal frameworks:
Trademark Infringement
Trademark infringement happens when another party uses a mark — such as a name, logo, slogan, or trade dress — that is identical or confusingly similar to a protected mark in a way that is likely to confuse consumers. New York is home to thousands of brands across fashion, hospitality, finance, and consumer goods, making trademark disputes especially common. Claims can be brought under the federal Lanham Act and under New York General Business Law §§ 360-k and 360-l, which provide additional protections against dilution and deceptive practices.
Copyright Infringement
Copyright protects original works of authorship, including literary works, music, films, photography, software, architectural designs, and visual art. New York's role as the publishing, advertising, and entertainment capital means copyright infringement claims arise daily — from unauthorized use of photographs on websites to large-scale piracy of digital content. Copyright claims are governed by the federal Copyright Act and are heard exclusively in federal court.
Patent Infringement
Patent infringement involves the unauthorized making, using, selling, or importing of a patented invention. Utility patents, design patents, and plant patents all afford different protections. Patent cases are complex, highly technical, and exclusively litigated in federal court.
Trade Secret Misappropriation
Trade secrets — confidential business information that derives economic value from not being generally known — are protected under the federal Defend Trade Secrets Act (DTSA) and New York common law. Common trade secret disputes in New York City involve departing employees, breached non-disclosure agreements, and competitive intelligence theft, particularly in finance, technology, and professional services.
Common Intellectual Property Disputes in New York City
Given the city's diverse industries, our attorneys regularly handle infringement matters involving:
- Counterfeit luxury goods sold in New York City retail locations and online
- Unauthorized use of fashion designs, prints, and patterns
- Software piracy and SaaS license violations
- Music sampling, sync licensing, and DMCA takedown disputes
- Photography and stock image misuse on commercial websites
- Trade dress copying of restaurants, retail concepts, and packaging
- Domain name cybersquatting and infringing social media handles
- Employee defection cases involving stolen client lists or proprietary algorithms
- Knockoff products sold on major e-commerce platforms
- Trademark disputes between competing New York businesses
Remedies Available Under New York and Federal Law
Victims of intellectual property infringement may be entitled to powerful remedies, including:
- Injunctive Relief. Courts can issue temporary restraining orders, preliminary injunctions, and permanent injunctions ordering infringers to immediately stop their conduct.
- Actual Damages. Compensation for lost profits, royalties, and the economic harm caused by the infringement.
- Disgorgement of Profits. Recovery of the infringer's profits attributable to the wrongful conduct.
- Statutory Damages. In trademark and copyright cases, the law provides for statutory damages — up to $150,000 per work for willful copyright infringement and up to $2,000,000 per counterfeit mark for willful trademark counterfeiting.
- Attorneys' Fees and Costs. In exceptional cases, courts may award the prevailing party its attorneys' fees.
- Seizure of Infringing Goods. Federal courts can order the seizure and destruction of counterfeit and infringing merchandise.
Where Intellectual Property Cases Are Litigated
Most federal IP claims involving New York City defendants or harm occurring in the city are filed in the U.S. District Court for the Southern District of New York (Manhattan and the Bronx) or the Eastern District of New York (Brooklyn, Queens, and Staten Island). These courts are among the most active and sophisticated IP forums in the country, with judges experienced in complex commercial litigation. State law claims — such as unfair competition, deceptive trade practices under New York General Business Law § 349, and certain trade secret matters — may be brought in New York State Supreme Court, often in the Commercial Division in New York County.
Our Approach to Intellectual Property Infringement Cases
Effective IP enforcement begins long before a complaint is filed. Our attorneys take a strategic, business-minded approach to every matter:
Investigation and Evidence Preservation
We work quickly to document infringement, preserve evidence, identify infringers (including anonymous online actors through subpoenas and DMCA processes), and assess the scope of damages.
Pre-Litigation Resolution
In many cases, a well-crafted cease-and-desist letter, takedown notice, or demand for licensing can resolve infringement quickly and cost-effectively. We pursue resolution through negotiation, mediation, and settlement whenever it serves our client's objectives.
Aggressive Litigation When Necessary
When infringers refuse to comply, we file suit and pursue the case vigorously. Our litigation experience includes seeking emergency injunctive relief, conducting expedited discovery, working with industry experts, and trying cases to verdict.
Defense of Infringement Claims
We also represent businesses and individuals accused of infringement. Defenses such as fair use, independent creation, lack of substantial similarity, license, laches, and trademark genericness can defeat or substantially limit liability. Early intervention by experienced counsel often produces favorable resolutions.
Why Choose Our New York City IP Attorneys
- Federal Court Experience. We regularly litigate in the Southern and Eastern Districts of New York, including before the Commercial Division of New York State Supreme Court.
- Industry Knowledge. Our team has deep familiarity with the industries that drive New York's economy — fashion, media, technology, finance, hospitality, and the arts.
- Strategic Counsel. We balance aggressive enforcement with practical business considerations, including cost, publicity, and ongoing commercial relationships.
- Comprehensive Services. Beyond litigation, we counsel clients on IP portfolio strategy, licensing, registration, and risk mitigation.
Act Quickly to Protect Your Rights
Intellectual property claims are subject to strict deadlines. Copyright infringement claims must generally be brought within three years of the infringement; trademark claims and trade secret claims have their own limitations periods. Delay can also undermine requests for injunctive relief, as courts may view a plaintiff's inaction as evidence that immediate harm is not occurring. If you suspect your IP has been infringed — or if you have received a cease-and-desist letter or lawsuit — prompt action is essential.
Contact Our New York City Intellectual Property Attorneys
Your intellectual property is the foundation of your business. Protecting it requires experienced counsel who understands both the law and the New York City marketplace. Contact our firm today to schedule a confidential consultation and learn how we can help you enforce your rights, defend against claims, and safeguard the value you have worked to build.
You can contact us by phone at 212-233-1233 or by email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
