Enforcement and Defense
Intellectual property enforcement involves identifying potentially unauthorized uses of a client’s rights and deciding how to address them. The appropriate response depends on the right involved, the strength of the evidence, where the activity is occurring, and the client’s business objectives.
Cease and Desist Letters
When a third party appears to be infringing a trademark, copyright, patent, or other intellectual property right, a cease-and-desist letter may be an appropriate first step. We assess the client’s rights and the alleged conduct before preparing a letter that explains the claim and requests a proposed resolution. We also represent clients who receive such letters and need to evaluate and respond to the allegations.
Trademark Monitoring and Oppositions
Monitoring newly filed trademark applications can help identify marks that are identical or similar to a client’s mark before they register. We assess potentially conflicting applications in the United States and, where relevant, in international markets. If an application presents a concern, we evaluate the available grounds and deadlines for opposing registration in the appropriate jurisdiction.
Counterfeit Goods and Imported Products
For clients facing counterfeit or infringing imports, we assess available border enforcement measures. These may include recording eligible trademark or copyright rights with U.S. Customs and Border Protection. Certain disputes involving imported products may also warrant consideration of a Section 337 proceeding before the U.S. International Trade Commission.
Website, Marketplace, and Social Media Enforcement
Infringing activity may appear on websites, online marketplaces, or social media platforms. Depending on the facts and the platform’s procedures, we may submit a complaint concerning unauthorized use of a trademark, counterfeit or allegedly infringing products, or other content that violates a client’s rights. We evaluate the evidence and the applicable reporting process before requesting removal or other action.
Domain Name Monitoring and Disputes
A domain name that incorporates or closely resembles a client’s mark may create confusion or be used to impersonate the client. We evaluate potentially abusive registrations and, when appropriate, pursue available remedies, including a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP).
Copyright Monitoring and DMCA Notices
Monitoring online uses of creative works can help identify photographs, written content, artwork, videos, software, and other copyrighted material used without authorization. When copyrighted material is posted through an online service, a notice under the Digital Millennium Copyright Act (DMCA) may provide a process for requesting that access to the material be removed or disabled. We assess ownership, the use at issue, and the notice requirements before submitting a request.
License and Agreement Compliance
Unauthorized use can also arise from a relationship that began with permission. We review whether a licensee, distributor, contractor, or former business partner is using intellectual property beyond the scope of an agreement or continuing to use it after authorization has ended. We then assess the contractual and intellectual property remedies available.
An Enforcement Strategy Suited to the Client
Enforcement does not follow a single sequence. A matter may call for a platform complaint, a cease-and-desist letter, an opposition proceeding, negotiation, or litigation. Torani Law P.C. helps clients assess suspected infringement, prioritize the issues that matter to their business, and select an appropriate course of action.
Torani Law P.C. helps clients monitor and enforce their intellectual property rights through cease-and-desist letters, trademark oppositions and cancellations, online platform complaints, copyright takedown notices, and other appropriate measures. We evaluate the client’s rights, the suspected infringement, the available evidence, and the client’s business objectives to develop a tailored enforcement strategy.