Intellectual Property Litigation Attorney — Glendale & LA
Intellectual property litigation enforces or defends rights in trademarks, copyrights, and trade secrets, most often through trademark infringement claims under the federal Lanham Act and trade secret claims under the California Uniform Trade Secrets Act. DiJulio Law Group represents Glendale and Los Angeles businesses in infringement, misappropriation, and unfair competition disputes.
What can you do about trademark infringement in California?
A trademark owner can send a cease and desist demand, file suit in federal court under the Lanham Act or in state court under California unfair competition law, and seek a preliminary injunction to stop use during the case. Remedies can include injunctive relief, the infringer's profits, damages, and in exceptional cases attorney fees. Common law rights arise from use, but federal registration materially strengthens enforcement.
Brand, Content, and Trade Secret Disputes
Most intellectual property disputes involving Glendale and Los Angeles businesses fall into three groups: a competitor adopts a confusingly similar name or mark; content, photography, or software is copied and used commercially; or a departing employee takes customer lists, pricing, or technical information to a competitor. Each has a different legal framework, a different forum, and a different realistic remedy.
Speed is the recurring theme. Trade secret cases turn on how quickly the information can be secured and its use enjoined. Trademark cases are shaped by whether the owner acted promptly, since delay undermines both the irreparable harm showing and the equities. Copyright claims involving registered works can support statutory damages and fees, which frequently determines whether a case is economically worth bringing.
The firm handles these disputes as litigation matters, coordinating with registration counsel where prosecution work is required. IP disputes commonly arrive alongside business litigation — a departing owner takes both the customer list and a claim to the company — and are frequently resolved through mediation once the injunctive phase has clarified positions.
Intellectual property disputes are usually contract disputes as well. Licensing, confidentiality, and assignment terms drafted during business formation or in commercial agreements often decide who owns the asset before any infringement question is reached. When those terms are breached, claims proceed alongside breach of contract theories.
Ownership questions also arise in acquisition due diligence, between co-founders under governance agreements, and for companies sourcing or manufacturing overseas — see doing business in China. The firm handles these matters through its business and corporate practice.
What a Glendale Business Should Do About Trademark Infringement
A Glendale business facing a confusingly similar name or logo should document the infringing use, confirm its own priority and registrations, and act promptly. Federal law allows claims for infringement of a registered mark under 15 U.S.C. § 1114, and for false designation of origin, including unregistered marks, under 15 U.S.C. § 1125(a).
Federal claims arising in Glendale are filed in the U.S. District Court for the Central District of California, and California unfair competition claims can be joined. The statutes are at 15 U.S.C. § 1114 (opens in a new tab) and 15 U.S.C. § 1125 (opens in a new tab). Where the dispute is with a former partner or departing owner, it often runs alongside business litigation, and many cases resolve through business mediation once the injunction phase clarifies positions.
- Check the record: search USPTO trademark records (opens in a new tab) for both parties' registrations and filing dates, and gather dated evidence of your first use in commerce.
- Assess likelihood of confusion: courts in the Ninth Circuit, which includes California, weigh the Sleekcraft factors, including the strength of the mark, relatedness of the goods or services, similarity of the marks, actual confusion, marketing channels, purchaser care, the defendant's intent, and likelihood of expansion.
- Send a measured cease-and-desist letter: a demand that overstates your rights can invite a declaratory judgment action in a forum the other side chooses.
- Move quickly if an injunction is needed: 15 U.S.C. § 1116(a) gives a rebuttable presumption of irreparable harm once a likelihood of success is shown, but delay can undercut the request.
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Breach response, California privacy compliance, privacy litigation, and intellectual property disputes.
IP Disputes We Handle
For brand owners, content creators, and businesses in Glendale, Los Angeles, and across California.
Trademark Infringement
Likelihood of confusion claims, cease and desist demands, injunctive relief, and defense against overreaching enforcement by larger brands.
Copyright Claims
Unauthorized use of photography, written content, designs, and software, including registration timing and its effect on statutory damages and fees.
Trade Secret Misappropriation
Customer lists, pricing, formulations, and technical information taken by departing employees or partners, under California's Uniform Trade Secrets Act.
Unfair Competition
California Business and Professions Code section 17200 claims, false advertising, trade dress, and passing off.
Injunctive Relief
Temporary restraining orders and preliminary injunctions to stop infringing use, secure devices, and preserve evidence early in a dispute.
Licensing & Settlement
Coexistence agreements, licenses, and settlements that resolve a dispute while preserving both parties' ability to operate.
IP Disputes That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Departing Sales Manager
A sales manager resigns, joins a competitor, and the former employer's largest accounts follow within weeks. Whether this is lawful competition or trade secret misappropriation depends on what was taken, how it was protected, and what the device forensics show.
The Similar Name Down the Street
A Glendale business discovers a new competitor operating under a confusingly similar name in the same market. Priority of use, registration status, and geographic scope determine whether enforcement is realistic.
The Copied Product Photography
A retailer finds its product images and descriptions reproduced on a competitor's site. Whether the works were registered before the infringement began determines whether statutory damages and fees are available.
When an IP Problem Needs a Lawyer
- A competitor is using a name, mark, or design confusingly similar to yours.
- Your content, images, or software are being used without authorization.
- An employee has departed and confidential information appears to have gone with them.
- You have received a cease and desist letter or an infringement demand.
- A platform takedown has been filed against your listings.
- A licensee is exceeding the scope of its license.
What to Do First
Preserve the evidence now
Capture infringing use with dated screenshots and archived copies. Online evidence disappears the moment a demand letter arrives.
Confirm your rights
Registration status, first use date, and chain of ownership determine which claims and remedies are actually available.
Move quickly on trade secrets
Where information has left with a departing employee, forensic preservation and early injunctive relief are the decisions that matter most.
Intellectual Property Litigation — Questions California Clients Ask
What California brand owners and businesses ask about protecting and enforcing intellectual property.
What types of intellectual property disputes are most common in California?
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.
What is trade secret misappropriation and how is it proven?
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.
What is the Defend Trade Secrets Act (DTSA)?
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.
What is copyright infringement and what remedies are available?
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.
What is trademark infringement and what must be proven?
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.
What is the difference between copyright and trademark protection?
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.
What is an injunction in IP litigation?
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.
When should a business consult an attorney about an IP dispute?
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.
What should a Glendale business do about trademark infringement?
Document the infringing use with dates, confirm your first use and any registrations in USPTO records, and act promptly. Federal claims arise under the Lanham Act, 15 U.S.C. section 1114 for registered marks and section 1125(a) for unregistered marks, and turn on likelihood of confusion. The usual sequence is a measured cease-and-desist letter, then suit in the Central District of California and a preliminary injunction if needed. Delay weakens the case for an injunction.
Local Representation
IP disputes involving Los Angeles County businesses are heard in the state courts or in the federal court for the Central District of California.
Talk to a Data Privacy Attorney
IP enforcement rewards speed and punishes delay. Preserve the evidence and bring what you have.