Intellectual Property Disputes

Intellectual property is often the single most valuable asset on a modern company’s balance sheet, yet disputes over trademarks, copyrights, patents, trade secrets, and domain names frequently arrive without warning — a cease-and-desist letter from a competitor, a DMCA takedown that disrupts product launch, a former engineer launching a look-alike product, or a counterfeit listing flooding the marketplace. At Montague Law, John Montague, Esq. represents technology companies, founders, creative professionals, and investors in the full lifecycle of IP litigation and enforcement, from pre-suit demand strategy through federal court trial and appeal.

John’s background as a former Locke Lord LLP (now Troutman Pepper Locke) associate included complex commercial and technology litigation, with the type of courtroom and discovery experience that IP matters demand: expedited injunction practice, coordinated ESI review, expert-driven infringement analysis, and careful Daubert preparation. He brings that AM Law 200 discipline to disputes that must be resolved in weeks rather than years.

Categories of IP Litigation We Handle

Trademark infringement and unfair competition. We represent brand owners and accused infringers in federal court litigation under the Lanham Act, including claims for trademark infringement, false designation of origin, trade dress protection, and anti-counterfeiting enforcement. Parallel TTAB proceedings — oppositions, cancellations, and concurrent-use filings — are frequently run alongside district court cases to shape the global resolution.

Copyright infringement. We handle software copyright disputes, content licensing disagreements, photograph and image-use claims, publishing and media litigation, and DMCA takedown counter-notice work. We also defend clients against copyright troll campaigns targeting small businesses and agencies.

Trade secret misappropriation. Under both the Defend Trade Secrets Act (DTSA) and Florida’s Uniform Trade Secrets Act (FUTSA), we pursue and defend claims arising from departing employees, disloyal contractors, and breached NDAs. Trade secret cases almost always require immediate forensic imaging, preservation demands, and emergency injunctive relief.

Patent litigation and licensing disputes. While patent prosecution sits with specialty boutiques, we frequently counsel companies through patent assertion letters, inter partes review (IPR) strategy with co-counsel, licensing and royalty disputes, and post-acquisition indemnification fights over asserted patent families.

Domain names, cybersquatting, and platform takedowns. We file and defend UDRP and URS actions, Anticybersquatting Consumer Protection Act (ACPA) suits in federal court, and platform-level takedown disputes with Amazon Brand Registry, Shopify, Etsy, Meta, and TikTok.

Key Strategic Considerations in IP Disputes

Ownership chain-of-title. Many IP disputes are lost at the threshold because a proper assignment was never signed. Before filing, we confirm that every contributing employee, founder, contractor, and agency has executed a valid written assignment and that the chain of title from creation to the current owner is intact and recorded where required.

Registration status and statutory remedies. Timely USPTO and U.S. Copyright Office registrations unlock statutory damages, enhanced attorney-fee recovery, and streamlined customs enforcement. Where registrations are missing, incomplete, or defective, we address those gaps in parallel with the litigation strategy.

Forum selection and venue. Patent cases after TC Heartland are venue-sensitive, and Lanham Act disputes can be filed in multiple plausible districts. Trade secret matters often raise DTSA and state-law claims that can be split or consolidated strategically. We evaluate forum and venue early to align the procedural path with the client’s commercial goals.

Injunctive relief and seizure orders. DTSA civil seizure orders, Lanham Act counterfeiting ex parte seizures, and preliminary injunctions against continued infringement are available but require carefully supported factual records. The evidentiary package — declarations, exhibits, and side-by-side comparisons — is usually the difference between relief and denial.

Insurance coverage. Many companies do not realize that advertising injury, media liability, cyber, and professional liability policies may cover substantial portions of IP defense costs. We coordinate tender demands and coverage litigation in parallel with the underlying dispute.

Practical Guidance for IP Owners and Defendants

For IP owners, the two highest-leverage moves are investing in a clean IP audit before a dispute arises and setting up an enforcement protocol that captures, documents, and escalates infringement in a disciplined way. A strong audit surfaces ownership gaps, lapsed registrations, licensing inconsistencies, and unprotected trade secrets before opposing counsel finds them. A good enforcement protocol — including standardized cease-and-desist templates, brand-registry enrollments, and a litigation-readiness evidence file — dramatically shortens response time when infringement emerges.

For defendants, the first response to a cease-and-desist letter is rarely to capitulate and rarely to ignore. A careful prior-art and fair-use analysis, a clear-eyed assessment of validity and enforceability, and a substantive response that preserves litigation posture while opening a commercial dialogue is usually the right path. Document preservation and litigation holds must be implemented the moment the letter arrives.

Frequently Asked Questions

Should I respond to a cease-and-desist letter myself?

Almost never. Statements in response letters are routinely used as admissions, and unrepresented responses commonly include concessions that materially weaken a later defense. Engage counsel before any substantive communication.

Can I get an injunction against a former employee who took our trade secrets?

Yes, when the evidentiary record supports it. Under DTSA and FUTSA, courts regularly issue temporary restraining orders and preliminary injunctions where the employer can show that specific trade secrets existed, reasonable measures protected them, and the former employee is using or threatening to use them. Speed and well-documented forensic evidence are the critical factors.

How expensive is trademark or copyright litigation?

Costs vary widely but most contested federal cases run into six figures through summary judgment. Early evaluation of likelihood of success, recoverable remedies, insurance coverage, and commercial alternatives — including UDRP, TTAB, and platform-level enforcement — is essential to managing exposure.

What happens if my IP was copied by an overseas competitor?

Options depend on whether the foreign party has U.S. contacts, distributes in the United States, or maintains U.S.-directed e-commerce listings. Federal court jurisdiction over overseas defendants, ITC Section 337 proceedings, Customs and Border Protection recordation, and international enforcement under Madrid Protocol or WIPO mechanisms are all potential tools.