When faced with a claim of infringement regarding an original work of authorship, Crain Caton & James stands poised to defend our client’s rights in the marketplace. In copyright litigation, it is essential that the work in question is registered and qualifies for protection under the law. We ensure that all registration requirements are satisfied before any claim proceeds. To address the appropriate need, the Intellectual Property Practice Group may build a team including members drawn from our Labor and Employment Practice Group, our Litigation Practice Group, and our Appellate Practice Group.
Once we establish this foundation, our team takes action to gather evidence relevant to the assertion that the defendant has reproduced, created a derivative work, performed, or displayed the copyrighted work without authorization. The crux of the matter hinges on whether the accused work is “substantially similar” to the registered work, as well as the applicability of defenses such as fair use.
Our attorneys are fully prepared to present this evidence to the finder of fact, addressing the various potential remedies available, including lost profits, actual damages, statutory damages, attorneys’ fees, and requests for permanent injunctions. We approach each case with a commitment to uphold our client’s rights and ensure fair participation in the competitive landscape.
Crain Caton prepares for trial and, if necessary, appeal. Our Intellectual Property Practice Group ensures the input from other litigators in the firm and from its appellate specialists to ensure the best presentation at any judicial level.
Areas of Focus
- AI Protection
- Appeal of Judgments Regarding Intellectual Property
- Copyright Litigation
- Cybersquatting Litigation
- False Advertising Litigation
- Foreign Patent Prosecution
- Foreign Trademark Prosecution
- Intellectual Property Assets in Family Hands
- Intellectual Property in Corporate Agreements
- Intellectual Property in Mergers & Acquisitions
- Intellectual Property Ownership from Employees & Independent Contractors
- Litigation With Intellectual Property
- Patent Administrative Challenges
- Patent Litigation
- State Trademark Prosecution
- Trade Secret Litigation
- Trade Secret Protection
- Trademark Administrative Challenges
- Trademark Litigation
- U.S. Copyright Protection
- U.S. Patent Prosecution
- U.S. Trademark Prosecution
