Tatonetti IP’s attorneys are experts in local and global strategic IP counseling, copyright litigation, patent litigation, trademark enforcement, IP protection, and intellectual property enforcement.
Our law firm can confidently and successfully handle DMCA litigation, Internet-related issues, and disputes, cloud technology, mobile technology, computer software (including web apps), domain name, database screening/database scraping, right of publicity, infringement of trade secrets, trade dress, and many more.
Firms and individual business owners must be proactive in protecting their intellectual property and defending against claims against the intellectual property that can cause serious harm to the business.
Successful copyright litigation requires a law firm regularly appear in the Federal Circuit, the International Trade Commission, global arbitration panels, state courts, and more.
Tatonetti IP has worked on hundreds of cases in the past, significantly increasing our bench strength and making us ready to litigate at any time.
While we work closely with clients to minimize the need for litigation, there are situations where copyright litigation is a more logical and beneficial option.
Tackling Copyright Litigation
The team at Tatonetti IP represents clients across markets, sectors, and industries. Legal protection against claims and litigating against possible copyright infringements are two sides of the same coin. Both work to protect your intellectual property rights and business.
Copyright claims can destroy your business’ reputation and ultimately weaken the foundation of your operations.
We can deftly handle cutting-edge and sophisticated cases and more conventional situations of copyright infringement.
Copyright litigation also offers fair use cases, secondary liability, and DMCA. Entertainment-related copyright issues and disputes are within our expertise, too.
Our legal experts have worked closely with the private and public sectors, making them not only intellectual property legal experts but also practical and aggressive enforcers of copyright, trademarks, and patents.
Tatonetti IP is a full-service law firm that handles everything from the genesis of your design patent to the enforcement of your IP rights on a global scale.
Case in point—we can even help prevent or freeze the sale, importation, and distribution of consumer goods that infringe on your trademark.
These domains of intellectual property are interconnected, and we know precisely what types of enforcement and protections best serve the interests of inventors and businesses alike.
Copyright Litigation FAQ (Frequently Asked Questions)
Who do you work with in copyright litigation?
Tatonetti IP works with both defendants and plaintiffs in copyright litigation cases. In addition, our work includes state trade secret litigation and federal litigation.
We can help bring temporary restraining orders and work against these if one has been handed down against you as a defendant.
Our law firm can help your business during trade secret discovery.
Furthermore, we have extensive experience in enforcing trade secret covenants and possible exposure of trade secrets under the doctrine of inevitable exposure.
Our expert IP attorneys are also available for general IP counseling to help our clients better understand IP laws and their rights.
What is the right of publicity litigation?
Right of publicity refers to a legal code that determines control of the commercial value of a person or entity’s identifying traits.
Personal identifying traits include but are not limited to signature, voice, likeness, and name.
The right of publicity centers on identity. Identity is a huge factor in the global marketplace. It determines the ebb and flow of profitability and ROI before a customer lands on a digital property or comes across marketing collateral.
Therefore, the right of publicity litigation is also a foundation of IP protection and enforcement worldwide.
What constitutes copyright infringement?
US copyright law indicates that copyright infringement occurs when an individual or entity’s exclusive rights are violated, infringed, or exploited without the copyright holder’s permission.
The two types of infringement are primary and secondary. When a direct infringement of copyrighted material occurs, the defendant faces the court with a possible charge of primary infringement.
Secondary infringement takes place when an individual or entity facilitates the activity of infringing another person’s copyright.
Secondary infringement has two different categories: vicarious infringement and contributory infringement. These two arose from case law and are not explicitly mentioned in US copyright law.
Essentially, any person who knowingly contributes to the infringement of copyrighted material through various means can be considered a contributory infringer.
Materially contributing, causing, or inducing people to violate copyright law can make a person liable for secondary copyright infringement.
US courts are tasked with determining if a person associated with a secondary copyright infringer can be held liable, significantly if the superior authority (such as an employer) has profited from the said activity.
What do I have to do if I wish to prosecute for copyright infringement, specifically direct infringement?
The attorneys at Tatonetti IP will prove that you are the rightful copyright owner of the object of dispute and that the other party is the direct infringer.
You must prove that the other party willingly copied your material or violated your IP rights through other means or methods.
Circumstantial evidence is often used to demonstrate that the plaintiff could access your material or the original work. That access gave rise to a substantial similarity between your original work and theirs.
US courts will work to establish if the claims are substantial by studying any similarities. The study for substantial similarities includes sequences or patterns, words or sounds, appearances, and other visual elements and formatting.
Can I prosecute for damages after copyright infringement?
If a copyright owner successfully shows infringement of their original work, they may be entitled to collect actual damages and the profit of the primary infringer.
The damages caused by direct infringement are calculated using the concept of “lost market value” when the copyright violation/s occurred.
When demonstrating profits, the copyright owner must show the infringement’s gross income, and the infringer must demonstrate deductible expenditures and profit aspects attributable to things other than the original work.