California IP litigation commonly involves copyright infringement (particularly in entertainment, software, and digital media), trade secret misappropriation, trademark infringement and unfair competition, patent disputes in technology sectors, and right of publicity claims involving celebrities and public figures.

Trade secret misappropriation occurs when someone acquires, uses, or discloses a trade secret through improper means — such as breach of a confidentiality agreement, theft, or corporate espionage. To prove misappropriation, the owner must show that the information qualifies as a trade secret, that it was subject to reasonable security measures, and that the defendant misappropriated it.

The DTSA is a federal law that allows trade secret owners to file civil claims in federal court. It works alongside California's Uniform Trade Secrets Act (CUTSA), which broadly preempts state common law claims related to trade secret misappropriation. Federal DTSA claims allow for ex parte seizure orders in extraordinary circumstances and provide access to federal courts.

Copyright infringement occurs when someone copies, distributes, displays, or creates derivative works from a copyrighted work without authorization. Remedies include actual damages, disgorgement of the infringer's profits, and — for registered works — statutory damages of up to $150,000 per work for willful infringement, plus attorney's fees.

Trademark infringement requires proving that the defendant used a mark that is likely to cause consumer confusion about the source, sponsorship, or affiliation of goods or services. Courts consider factors including the similarity of the marks, the proximity of the goods or services in the marketplace, and evidence of actual consumer confusion.

Copyright protects original creative expression — such as writing, music, software, and artwork — automatically from the moment of creation. Trademark protects brand identifiers — such as names, logos, and slogans — that distinguish goods or services in commerce. Copyright registration and trademark registration both provide significant legal advantages but arise from different legal frameworks.

An injunction is a court order requiring a party to stop — or in some cases take — specific actions. In IP cases, a successful plaintiff can seek a preliminary or permanent injunction to prevent the defendant from continuing to infringe the plaintiff's IP rights. Obtaining a preliminary injunction requires demonstrating likelihood of success on the merits and irreparable harm.

You should consult an attorney immediately upon discovering potential infringement of your IP, upon receiving a cease-and-desist letter, or when an employee departs with access to trade secrets. Early intervention allows for protective measures — such as gathering evidence, sending cease-and-desist notices, and seeking emergency injunctive relief — before the IP owner's position deteriorates further.

Start by establishing priority: who used the mark first in the relevant market, and whether either party holds a federal or state registration. If your rights are senior, the usual sequence is a cease and desist demand, followed if necessary by suit and an application for a preliminary injunction. Delay weakens both the irreparable harm showing and the equities, so a mark owner who waits after learning of the use is in a worse position than one who acts.