Intellectual Property Litigation Attorneys
KBS attorneys recognize that intellectual property is one of the most important assets held by clients. Our attorneys have experience asserting and defending trademark, copyright, and patent infringement claims, as well as trade secret misappropriation claims. The firm has worked with start-up and established companies in protecting their trademarks, copyrights, trade secrets and patents.
Our team also consults clients to ensure their trademarks are properly protected when new competitors introduce potentially confusing marks into the marketplace.
Highlighted Intellectual Property Cases:
- Representing composers in a class action against a major studio for violations of copyright law involving the use of sound recordings in television shows.
- Defending a non-profit organization against a major studio for claims of trademark and copyright infringement.
- Defending the licensee of certain rights in John Steinbeck’s plays against copyright infringement claims.
The Intellectual Property Litigation Process In California
Intellectual property disputes in California require a focused and strategic approach from the very beginning. These matters often start with filing or responding to a complaint, followed by early motions that can shape how the case unfolds. In urgent situations, courts may issue preliminary injunctions to stop ongoing infringement before further damage occurs.
Early case assessment is critical in these disputes. This includes identifying the scope of the alleged infringement, preserving key evidence and evaluating potential exposure. Acting quickly can prevent loss of leverage and position your business to respond effectively as the case develops.
As the case progresses, both sides enter discovery. This phase involves reviewing documents, communications and technical materials that may prove ownership, misuse or financial harm. Expert witnesses are often brought in to analyze market confusion, valuation or originality. While some cases resolve through negotiation or mediation, others move to trial, where a lawyer must present a clear and persuasive argument to secure results.
Steps Businesses Can Take To Protect Intellectual Property
Businesses that treat intellectual property as a core asset take deliberate steps to protect it. Registering trademarks and copyrights is a critical starting point, along with pursuing patent protection when applicable. Confidentiality agreements also play an important role in protecting trade secrets and proprietary information.
Internal controls should define how sensitive data is accessed and shared across the organization. Monitoring competitors and the marketplace can help identify potential infringement early, before it escalates into a larger dispute. Acting quickly not only limits exposure but also reinforces your position if litigation becomes necessary.
Available Legal Remedies In Intellectual Property Conflicts
When intellectual property rights are violated, California law provides several options to pursue relief. Courts may issue injunctions to stop unauthorized use and prevent further harm to your business or brand. These orders can be critical in limiting damage while a case is still ongoing.
Financial recovery may include compensation for lost revenue, unjust gains obtained by the opposing party or statutory damages in certain situations. In some cases, attorneys’ fees may also be recoverable. The right approach depends on the nature of the violation and its impact on your business, making early legal evaluation essential.
Contact Kesselman Brantly Stockinger LLP Today
If your intellectual property is at risk or you are facing a dispute, take action now. Kesselman Brantly Stockinger LLP brings more than 100 years of combined litigation experience to complex business and intellectual property matters across California. Call 310-307-4555 or submit an online contact form to discuss your situation and protect your business interests.