Michael J. Foycik Jr., Esq.

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There are three main types:

trademark infringement
patent infringement
copyright infringement

Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.

A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.

It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.

Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.

Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.

Patent Infringement
Patent infringement is determined by comparing a product, service, or method to the claims of an issued patent. The claims are interpreted with regard to the specification of the patent, and there is at least some enlargement of the claims to encompass more than what the patent shows (called the “penumbra” of the claims by various Supreme Court decisions.

Various defenses may exist to patent infringement. For example, the accused product or method may be based on an expired patent even if owned by another; or the claims may be invalid; or the accused infringer may actually have prior rights.

Contact us if you are concerned about any patent infringement matter, for a free initial consultation. There is no risk or obligation.

Some common questions are: what kind of damages can be awarded; how much does a patent infringement lawsuit cost; what kinds of risks exist.

Copyright Infringement
This is much more specific than other types of infringement. To show copyright infringement, it is necessary to show actual copying. There is no copyright infringement if the alleged infringer developed the work independently and without reference to the copyright owner's work.

Things that can be copyrighted, and therefore can be infringed: architecture; pictures; recordings; works of art; printed works; among others.

Contact us if you are concerned about any copyright infringement matter, for a free initial consultation. There is no risk or obligation.

Some common questions are: what kind of damages can be awarded; how much does a copyright infringement lawsuit cost; what kinds of risks exist.

The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.