Trademark infringement. Likelihood of confusion, counterfeiting, and false designation of origin claims under the Lanham Act.
Discuss your dispute ›Intellectual Property Litigation
Enforcing and defending patents, trademarks, copyrights, and trade secrets for Colorado businesses, creators, and inventors.
Your ideas are business assets. When someone copies your brand, your product, or your work, we help you protect it, starting with the fastest and least expensive path to a resolution, and litigating in federal court when that is what it takes.
Three ways to resolve an IP dispute.
Demand letters
Resolve it early.
Cease and desist letters. A well-supported demand letter resolves many infringement disputes without a lawsuit, often with a license, a coexistence agreement, or a simple change of course.
Agency and platform
USPTO and online takedowns.
TTAB and DMCA. Trademark oppositions and cancellations before the Trademark Trial and Appeal Board, and DMCA and marketplace takedowns to remove infringing content online.
Federal court
Including appeals.
Federal litigation. Patent and copyright infringement cases are heard in federal court, and many trademark and trade secret cases are too. Our attorneys litigate in federal court and handle appeals.
IP disputes we handle.For owners and accused infringers alike.
Patent infringement. Enforcing your patents, and defending your business when you are accused of infringing someone else’s.
Discuss your dispute ›Copyright infringement. Unauthorized copying of software, photographs, writing, video, music, and other creative work.
Discuss your dispute ›Trade secrets. Misappropriation claims under the federal Defend Trade Secrets Act and the Colorado Uniform Trade Secrets Act.
Discuss your dispute ›DMCA disputes. Takedown notices, counter-notices, and misrepresentation claims under 17 U.S.C. § 512(f).
Discuss your dispute ›Licensing disputes. Breaches of IP license, royalty, software, and technology agreements.
Discuss your dispute ›Domain names. Cybersquatting claims under the Anticybersquatting Consumer Protection Act and UDRP proceedings.
Discuss your dispute ›Unfair competition. False advertising and unfair competition claims under the Lanham Act and Colorado law.
Discuss your dispute ›Non-competes and confidentiality. Enforcing or defending the agreements that protect your know-how and customer relationships.
Discuss your dispute ›Cease and desist letters. Sending a demand that gets results, or responding when you receive one.
Discuss your dispute ›Appeals. Appellate practice in both state and federal courts.
Discuss your dispute ›Our approach.Resolution first. Court when it counts.
Start with the business goal.
Many IP disputes become business deals.
We are a business and intellectual property firm first, and we prefer to resolve disputes through negotiation whenever we can. A license, a coexistence agreement, a purchase of rights, or a settlement often costs far less than a lawsuit and lets everyone get back to business.
Before recommending litigation, we look at what you actually need: stopping the infringement, getting paid, protecting a product launch, or clearing your own path to market.
Build the record early.
Evidence wins IP cases.
Registration certificates, dated design files, first-use and sales records, and screenshots of infringing uses all strengthen your position, whether the matter settles or goes to court. Preserving that evidence early is one of the most valuable things you can do.
Registration matters too. For U.S. works, a copyright registration is generally required before you can file an infringement lawsuit, and a federal trademark registration gives you important legal presumptions.
Litigate when it counts.
Federal court and appeals.
When a negotiated outcome is not possible, our attorneys are prepared to file and litigate in federal court, ask the court to stop ongoing infringement, and pursue or defend the claim through trial and appeal.
Accused of infringement?
Respond before the deadline.
If you receive a cease and desist letter, a takedown notice, or a summons and complaint, how and when you respond matters. A summons states how long you have to answer, and missing that deadline can lead to a default judgment. A cease and desist letter may not have a legal deadline, but ignoring it can lead to a lawsuit.
Contact us as soon as possible. Many accusations can be resolved with a well-reasoned response, a design change, or a license, and some can be defeated outright.
Other business disputes.Handled selectively.
Contracts and business torts.
Negotiation and mediation first.
We take on a limited number of other business disputes, such as contract, franchise, and service agreement claims, including in Colorado state courts. Because we would rather help clients build deals than fight over them, we often recommend negotiation or mediation before the expense of a trial.
The best way to avoid a dispute is a well-drafted agreement. If you are forming a company, negotiating a deal, or licensing your IP, see our business and startup law and IP licensing services.
Serving the Colorado Front Range.From Denver to Boulder and beyond.
We represent small and medium-sized businesses, creators, and inventors throughout Colorado in protecting and defending their intellectual property.
- Denver
- Boulder
- Broomfield
- Westminster
- Thornton
- Louisville
- Arvada
- Aurora
- Northglenn
- Brighton
- Englewood
- Littleton
- Wheat Ridge
- Longmont
- Lafayette
- Superior
- Adams County
- Broomfield County
- Boulder County
- Denver County
- Jefferson County
Is someone using your IP?
Talk with an attorney about your options, from a cease and desist letter to federal court.
Schedule a consultationContact us ›IP Litigation FAQ
Do I need a registration to sue for infringement?
It depends on the right. For U.S. works, a copyright registration is generally required before you can file an infringement lawsuit, and registering early can make statutory damages and attorneys’ fees available. You can sue over an unregistered trademark, but a federal registration gives you important presumptions. A patent can only be enforced once it has issued.
What is a cease and desist letter?
A cease and desist letter is a written demand that someone stop an activity, such as using a confusingly similar brand or copying your work. A clear, well-supported letter resolves many disputes without a lawsuit and documents that the other side was put on notice.
I received a cease and desist letter. What should I do?
Do not ignore it, and do not respond in a hurry. Preserve your records, avoid public statements about the dispute, and talk with an attorney. Many claims can be resolved through a reasoned response, a change in branding or design, a coexistence agreement, or a license.
Where are IP cases filed?
Patent and copyright infringement cases must be filed in federal court. Trademark, trade secret, and related contract claims can often be brought in either federal or state court. Some trademark disputes can also be decided by the Trademark Trial and Appeal Board at the USPTO.
What remedies are available?
Depending on the claim, remedies can include a court order stopping the infringement, money damages, the infringer’s profits, and in some cases statutory damages and attorneys’ fees. Many disputes end with a negotiated agreement instead.
What is “discovery”?
Discovery is the part of a civil case leading up to trial in which the parties exchange evidence related to the claims. Each party can request relevant documents, send written questions the other side must answer (interrogatories), and question witnesses under oath (depositions).
What is arbitration or mediation?
Mediation and arbitration are two forms of out-of-court alternative dispute resolution. Instead of going before a judge, the parties try to resolve their dispute privately with a mediator or arbitrator. These processes are often confidential, quicker, and less expensive than court, but like a trial, the outcome is not always predictable.
Am I eligible for attorneys’ fees?
Maybe. It depends on whether a statute provides for attorneys’ fees in your type of dispute, such as for timely registered copyrights or exceptional patent and trademark cases, or whether the contract in dispute includes an attorneys’ fees provision.