Overview
Knobbe Martens advises on all aspects of copyright and design patent litigation and dispute resolution. Our copyright litigators help clients enforce and defend copyrighted works across a broad range of industries, from an initial cease and desist letter through trial and appeal. As one of the largest intellectual property (IP) firms in the country, we bring a deep bench of litigators and technical professionals to every copyright litigation matter, and we align each case with the client’s business objectives.
Who We Represent in Copyright Disputes
Our clients include software developers, video game publishers, fashion and apparel companies, toy makers, marketing and media companies, medical device manufacturers, and entertainment businesses, among others. We represent both plaintiffs and defendants in copyright disputes, whether a client seeks to enforce its rights or defend against claims brought by a competitor. Our lawyers take the time to understand each client’s creative works and commercial goals so that our strategy fits the business behind the dispute.
Our copyright litigation work often overlaps with related practices, including trademark litigation and unfair competition, trade secret litigation, and matters involving artificial intelligence, where questions about training data and copyrighted works continue to develop. This connected approach allows us to address copyright issues alongside the other intellectual property rights that matter to a client’s business.
Our Copyright Litigation Services
Knobbe Martens lawyers routinely provide strategic advice on enforcing client copyrights and design patents, as well as develop strategies to avoid and defend infringement claims. We counsel clients across the full life of a copyrighted work, from registration with the U.S. Copyright Office through copyright licensing and enforcement. Our lawyers handle copyright infringement lawsuits in federal courts nationwide, including lawsuits alleging infringement of software, product packaging, architectural drawings, music and sound recordings, and other copyrighted works. We also handle claims under the Digital Millennium Copyright Act (DMCA), along with related claims for unfair competition and breach of contract.
When enforcing or defending infringement claims, our litigators focus on effective and creative approaches to problem solving and litigation tactics that achieve our clients’ objectives. Our experience ranges from initial cease and desist letters to enforcing or defending copyright and design patent claims. Whether a client is pursuing a copyright infringement suit brought against an infringer or defending against copyright infringement based on alleged copyrights held by another party, we build the case toward the client’s goal. We are highly experienced in the area of prior art searches to invalidate design patents. Where appropriate, we position cases for settlement and guide clients through mediation or in bringing cases to successful resolution in court, as well as assist in obtaining reimbursement for legal fees and insurance contribution to defense fees and settlement funds.
Our copyright litigation services include:
- Copyright infringement lawsuits, pre-suit counseling, and cease and desist letters
- Digital Millennium Copyright Act (DMCA) claims and takedown disputes
- Copyright licensing and related agreement disputes, including breach of contract claims
- Design patent enforcement and defense, including prior art searches to invalidate design patents
- Unfair competition and related claims tied to copyright disputes
- Mediation, settlement negotiation, and recovery of legal fees
Why Clients Choose Our Copyright Litigation Lawyers
Clients choose Knobbe Martens for copyright litigation because our lawyers pair courtroom experience with a practical understanding of the industries in which our clients operate. We have successfully represented both copyright owners and accused parties in copyright cases across the country, and we have secured favorable outcomes through summary judgment, trial verdicts, and negotiated settlements. Our litigators have obtained jury verdicts and permanent injunctions in copyright infringement lawsuits, as well as favorable resolutions in matters involving software, consumer products, packaging, and creative works.
Our copyright litigators draw on the full strength of one of the largest IP firms in the country. When a copyright dispute intersects with patent, trademark, or trade secret rights, we assemble a team that can address every dimension of the matter through our litigation practice. This depth allows us to manage complex copyright litigation while keeping each case focused on the results our clients need.
Awards and Recognitions
- Highly ranked for Trademark, Copyright and Trade Secrets in California in annual Chambers USA guide
- Ranked in Managing IP’s “IP STARS” guide for Copyright & Related Rights in California
- Ranked among the leading firms in the Copyright 1000: The World’s Leading Copyright Professionals
- Tier 1 ranking for Copyright Law in Best Law Firms guide
Representative Experience
Automotive Aftermarket Technology Company
Represented an automotive aftermarket technology company in a copyright dispute involving allegations related to the use of vehicle images. Negotiated a favorable resolution that significantly reduced the opposing party’s claimed damages and secured retroactive licensing rights, while eliminating admissions of infringement and avoiding litigation. The outcome protected the client’s business operations and intellectual property strategy.
Cimatron Gibbs Llc V. Wicked Motorsports Atv Inc.
Knobbe Martens secured a complete victory for a software developer in a copyright infringement and Digital Millennium Copyright Act (DMCA) case involving the unauthorized use of a cracked version of copyrighted software. The court ruled in the client’s favor on all claims, issued a permanent injunction, and awarded actual damages and attorneys’ fees.
D.P.I. Labs, Inc.
Represent plaintiff D.P.I. Labs in a trademark infringement, copyright infringement, breach of contract, trade secret misappropriation, and unfair competition dispute. Case settled on confidential settlement terms favorable to DPI Labs.
Furniture manufacturer and retailer
Represented a company in the furniture and home furnishings industry in a copyright infringement matter involving furniture-related design patterns. The representation included proceedings before the ITC and federal district court, culminating in a favorable settlement and dismissal of the litigation.
Life sciences manufacturer
Represented a life sciences manufacturer in litigation against a former employee involving trademark infringement, unfair competition, copyright infringement, and trade secret misappropriation. The matter resolved on confidential settlement terms favorable to the client.
Monster Energy Company
Represented Monster Energy in numerous actions across California and other states enforcing copyrights, trademarks, and trade dress rights associated with the iconic M-Claw logo against infringing uses on apparel and other merchandise.
Swimwear and Apparel Company
Represented a swimwear company in a federal copyright infringement action involving allegations relating to fabric pattern designs. The firm successfully resolved the dispute in a confidential settlement, resulting in dismissal of the case.
