New York City Trademark Infringement Lawyer

Are you looking for a trademark infringement lawyer in New York City, NY?

At Trademark Lawyer Law Firm, we provide trusted trademark infringement counsel for business owners throughout New York City. If a competitor has started selling under a name, logo, or packaging that looks too much like yours, or if your own business has received a demand letter accusing it of infringement, a New York City, NY trademark infringement lawyer can tell you how strong the claim is and what to do about it. We have practiced trademark law since 2008 and have secured more than 7,000 registrations for our clients. We represent mark owners and accused businesses alike. Schedule a free consultation to talk through the dispute.

Trademark Infringement Lawyer New York City, NY

A trademark infringement attorney determines whether one party's use of a name, logo, or design is likely to confuse consumers about the source of a product, then enforces or defends the mark. Trademark infringement is the unauthorized use of a mark that is identical or confusingly similar to a protected mark on related goods or services. The claim applies to registered and unregistered marks. Private parties filed 1,049 intellectual property cases in the Southern District of New York in the 12 months ending September 30, 2025, and another 654 in the Eastern District, according to federal caseload statistics. Those districts cover all five boroughs, and most disputes a New York City trademark infringement attorney handles never reach that stage.

Types of Trademark Infringement Cases We Handle in New York City, NY

New York City has more registered marks, more knockoffs, and more overlapping brand names than almost any market in the country. Our New York City trademark infringement attorneys handle the disputes that grow out of that density, for the mark owner and the accused party alike. The matters below come up most often.

• Likelihood of confusion claims. This is the core infringement claim. A court weighs the similarity of the marks, the relatedness of the goods, and any evidence that consumers were actually confused. It is the same likelihood of confusion analysis the USPTO applies when it examines an application, which is why our registration work informs how we build and defend these claims.
• Counterfeit goods. Counterfeiting involves a mark that is identical or nearly identical to a registered mark, used on the same kind of goods. We pursue sellers, distributors, and the online storefronts behind them. We also help clients record their registrations with U.S. Customs so infringing shipments can be stopped at the port.
• Trade dress. Packaging, product shape, and store design can all function as marks. We bring and defend trade dress claims, which require proof that the design is distinctive and not functional.
• Trademark dilution. Owners of famous marks can stop uses that blur the mark's distinctiveness or tarnish its reputation, even when consumers are not confused. These claims depend on proving that the mark is widely recognized by the general public.
• Online infringement. Domain names, social media handles, and marketplace listings are where most new infringement appears. We handle takedown requests, platform complaints, and domain disputes. When a platform will not act, we file suit.
• Trademark licensing. Disputes arise when a licensee uses the mark beyond the scope of the agreement, keeps using it after termination, or ignores quality control terms. We draft, enforce, and litigate licensing agreements.
• Cease and desist letters. A well-supported cease and desist letter resolves many disputes without a lawsuit. We send them on behalf of mark owners, and we respond to them on behalf of businesses that receive one.
• Infringement defense. Not every similar mark infringes. Descriptive use, nominative fair use, and prior use are defenses we raise regularly. Abandonment of the plaintiff's mark is another. We also challenge weak registrations before the Trademark Trial and Appeal Board when that is the faster route.

Why Choose the Trademark Lawyer Law Firm as my Trademark Infringement Lawyer in New York City, NY?

A Trademark Practice Built Since 2008

J.J. Lee founded Trademark Lawyer Law Firm and serves as its principal attorney. He is licensed in Michigan and admitted before the United States Supreme Court. His federal admissions include the Eastern and Western Districts of Michigan. He is a member of the State Bar of Michigan. He built the practice around high-volume trademark work and has contributed to thousands of USPTO filings and registrations. That registration background is what you'd expect from a trademark lawyer in New York City, NY, and it shapes how we evaluate an infringement claim. We know what the USPTO record says about a mark's strength, its history, and its weak points, because we have worked with that record on more than 7,000 registrations.

Representation for Mark Owners and Accused Businesses

We take infringement matters from both sides. Some clients come to us because a knockoff is cutting into their sales. Others come because they've received a demand letter and want to know whether the claim has merit before they spend money on a rebrand. Handling both positions tells us which arguments persuade a judge and which ones settle a case. Infringement work is billed hourly, and the first consultation is free. We give you a candid assessment of the claim before you commit to any course of action.

What Is Important To Understand About Trademark Infringement Cases in New York City, NY?

Ownership, Likelihood of Confusion, and Remedies in Trademark Infringement Cases

Every infringement case rests on three elements: a protectable mark, priority of use, and a likelihood of confusion. The remedies available depend on which of those the plaintiff can prove and how the defendant behaved.

• Protectable mark. Rights come from use in commerce, not from registration alone. Common law trademark rights reach only the geographic area where the mark is actually used. A federal registration adds a nationwide presumption of ownership and validity.
• Priority. The party that used the mark first in commerce generally has the superior claim, subject to those geographic limits for unregistered marks.
• Likelihood of confusion. Courts in New York weigh several factors. The most important are the strength of the mark, the similarity between the two marks, and how closely the goods or services compete.
• Remedies. Under the federal damages provision of the Lanham Act, a prevailing plaintiff may recover the defendant's profits, its own actual damages, and the costs of the action. A court can increase actual damages up to three times. In counterfeiting cases, treble damages and attorney fees are the rule unless extenuating circumstances exist. An injunction stopping the use is the most common outcome.
• Timing. The Lanham Act sets no fixed filing deadline. Courts look at how long the plaintiff waited after learning of the use, and an unreasonable delay can limit or bar relief.

What Are Important Aspects of a Trademark Infringement Case?

The result of an infringement dispute usually depends on the evidence assembled in the first few weeks. Documentation carries more weight than argument.

• Dated proof of first use, such as invoices, product photos, and archived web pages
• Evidence of actual confusion, including misdirected emails, customer complaints, and social media comments
• The strength of the mark, since fanciful and arbitrary marks receive broad protection while descriptive marks receive far less
• How the accused party chose its mark and whether it knew about yours
• A record of consistent enforcement, because unchallenged third-party use weakens a mark over time and is part of protecting your brand

What Is the Trademark Infringement Case Timeline?

Most disputes move through predictable stages, and many end at the second one. An NYC trademark infringement attorney should be able to tell you early which stage your matter is likely to reach.

• Investigation, usually one to three weeks. We confirm ownership, priority, and the full scope of the accused use.
• Demand letter and response, typically two to six weeks. Many matters are resolved here with a written agreement to stop or modify the use.
• Negotiation. Common resolutions include a coexistence agreement, a license, or a rebrand with a phase-out period.
• Federal complaint. When negotiation fails, trademark litigation begins with a complaint, often paired with a motion for a preliminary injunction to stop the use while the case proceeds.
• Discovery, mediation, and trial. Contested cases in the Southern and Eastern Districts commonly take a year or more, though most settle before trial. A parallel proceeding before the Trademark Trial and Appeal Board may run at the same time.

What Should You Bring to Your Trademark Infringement Consultation?

Bring whatever shows your rights and the other party's use. Partial records still help.

• Your registration certificate or the application serial number
• Examples of your mark in use, with the earliest dates you can document
• Screenshots, photos, or purchased samples showing the accused use
• Any demand letters, emails, or agreements exchanged with the other party

The first consultation with a trademark infringement lawyer in New York City is free. We review the materials and explain the claims and defenses. We also tell you whether the dispute is worth pursuing before any hourly work begins.

New York City, NY Federal Courts and Local Trademark Resources

Federal trademark suits in the five boroughs are filed in the Southern District, which covers Manhattan and the Bronx, or the Eastern District, which covers Brooklyn, Queens, and Staten Island. New York City, NY trademark infringement lawyers rely on these public resources during a dispute.

• The SDNY Mediation Program refers many civil cases, including trademark matters, to court-appointed mediators with subject-matter experience. Mediation often produces a coexistence or licensing arrangement that a judgment could not.
• The New York Department of State handles state trademark registration for marks used within New York. A state registration is limited to New York but can support a claim for a business that operates only locally.
• The New York Public Library provides NYPL trademark resources through its Patent and Trademark Resource Center, including research consultations and monthly classes on searching the USPTO database.

Reach Out to Trademark Lawyer Law Firm to Schedule a Consultation

If someone is trading on your mark, or you've been accused of a violation, the first meeting with a New York City trademark infringement lawyer costs nothing. We will review your documents and explain where the claim is strong and where it is exposed. Infringement matters are billed hourly after that, and consultations are available by phone or video. Contact us to schedule a free consultation about your New York City trademark dispute.