California Civil Litigation Lawyers

California

Intellectual Property Lawyers

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california intellectual property
california intellectual property

VK Law represents California businesses in intellectual property disputes: the litigation and enforcement side of IP, not patent filing at the USPTO. We handle trademark infringement and dilution, copyright infringement, trade-secret misappropriation, and related unfair-competition claims, whether you are enforcing your rights or defending against a claim. That work runs from cease-and-desist letters and injunctions through full litigation in California state and federal courts. Our intellectual property litigation lawyers bill hourly, and your first consultation is free. To talk through your situation, call 877-780-4727.

Key Takeaways

  • VK Law handles intellectual property disputes and litigation (trademark, copyright, trade secret, and unfair competition) for California businesses, on either side of a claim. We do not file patent or trademark applications at the USPTO.
  • Where a case is filed depends on the type of right: copyright and patent disputes belong in federal court; trademark, trade-secret, and unfair-competition claims can often proceed in either state or federal court, depending on the facts.
  • California trade-secret claims arise under the California Uniform Trade Secrets Act (Civil Code section 3426 and following). A federal option, the Defend Trade Secrets Act, has existed since 2016.
  • Trademark cases rest on the federal Lanham Act (15 U.S.C. section 1051 and following), and many disputes also include a California unfair competition claim under Business and Professions Code section 17200.
  • A fast, well-targeted move early: a cease-and-desist letter, or a request for an injunction, often shapes the entire dispute. We bill hourly; the first consultation is free. Call 877-780-4727.

What “intellectual property litigation” means

Intellectual property, or IP, is a name for the things a business creates and owns that are not physical: its brand names and logos, its written and creative work, and its confidential know-how. Intellectual property litigation is what happens when someone disputes those rights, when a competitor copies your brand, an ex-employee walks off with your customer list, or another company accuses you of crossing a line. As intellectual property litigation lawyers, we represent California businesses through those disputes, whether you are the one enforcing a right or the one defending against a claim.

One point of scope, stated plainly: this is the dispute and enforcement side of IP. VK Law does not file patent or trademark applications at the U.S. Patent and Trademark Office (that work is called prosecution). If your problem is a fight (a demand letter, a threatened lawsuit, an actual case) that is where we work.

The kinds of IP disputes we handle

Trademark infringement and dilution

A trademark is the name, logo, or slogan that tells customers a product or service comes from you. Infringement happens when someone uses a mark that is close enough to yours to confuse customers about who they are dealing with. Dilution is a related harm to famous marks, where another use weakens the brand’s distinctiveness even without direct confusion. Federal trademark claims arise under the Lanham Act (15 U.S.C. section 1051 and following), and a California dispute often pairs that with a state unfair-competition claim. Typical relief includes an order to stop the infringing use and, in some cases, money damages.

Copyright infringement

Copyright protects original creative work: text, photographs, software code, designs, music, video. Infringement is the unauthorized copying, distribution, or display of that work. Copyright is governed by federal law, and infringement suits are filed in federal court. Registration with the U.S. Copyright Office plays an important role in what an owner can pursue and recover, so the registration status of the work is one of the first things we look at.

Trade-secret misappropriation

A trade secret is valuable business information that gets its value from being kept secret (a formula, a process, a pricing model, a customer list) that the owner takes reasonable steps to protect. Misappropriation is acquiring, using, or disclosing that information through improper means, such as a departing employee taking files or a vendor breaking a confidentiality agreement. In California, these claims arise under the California Uniform Trade Secrets Act (Civil Code section 3426 and following). Since 2016, a federal option (the Defend Trade Secrets Act) has also been available for trade secrets tied to interstate commerce. Trade-secret cases often move fast, because the goal is frequently to stop the information from spreading before more damage is done.

Unfair competition

California’s Unfair Competition Law, Business and Professions Code section 17200, reaches business practices that are unlawful, unfair, or fraudulent. It frequently rides alongside a trademark or trade-secret claim, giving a California plaintiff an additional state-law theory for conduct that harms the business and the market.

Licensing and IP contract disputes

Not every IP fight starts with copying. Many begin with an agreement (a license to use a brand, software, or content) that one side believes the other has breached. We litigate disputes over the scope of a license, unpaid royalties, use beyond what was granted, and termination, where the underlying value is the intellectual property itself.

Where IP cases are litigated

The court that hears your dispute depends on the type of right involved. The general framework:

  • Federal court hears copyright and patent disputes: federal law gives those courts exclusive authority over them.
  • Trademark claims under the Lanham Act can be brought in federal court, and related claims sometimes proceed in state court, depending on the mix of claims.
  • Trade-secret and unfair-competition claims can often be litigated in California state court, or in federal court where a federal trade-secret claim or other basis for federal jurisdiction is present.

Most real disputes blend several of these at once: a single matter might raise a trademark, a trade-secret, and an unfair-competition claim together. Sorting out which claims to bring, and in which court, is a strategic decision made early, because it shapes the deadlines, the procedures, and the remedies available.

Tools used in an IP dispute

  • Cease-and-desist letters. A demand that the other side stop the infringing or improper conduct. Often the fastest, lowest-cost first step, and sometimes the last one needed.
  • Injunctions. A court order requiring someone to stop (or, less often, to do) something. In trademark and trade-secret cases especially, an early injunction can be the most important relief: stopping ongoing harm matters more than a later money award.
  • Damages. Money to compensate for the harm, which depending on the claim can include lost profits, the infringer’s profits, and in some cases additional statutory amounts.
  • Defense. If your business has received a demand letter or been sued, the same analysis runs in reverse: assessing the strength of the claim, the available defenses, and whether the case should be fought or resolved.

How VK Law helps

VK Law is a law firm serving clients in California, Nevada, and New York. On an intellectual property matter, we start by mapping the dispute: what right is at stake, who holds it, what the other side is doing, and what outcome would actually solve the business problem. From there we choose the lightest tool that works: sometimes a well-drafted demand letter resolves the matter; sometimes it requires a motion for an injunction or a full case in state or federal court. If you are on the receiving end of a claim, we evaluate it honestly and tell you where you stand.

We bill on an hourly basis for this work. We do not promise outcomes: no honest litigation lawyer can, but we will give you a clear, plain-language read on your position and the choices in front of you.

Intellectual property disputes are one part of our California litigation practice. For an overview of the firm’s broader litigation work and other dispute types, see our California civil litigation overview. Where a dispute touches financial or investment misconduct, our securities and financial fraud page may be a better fit.

Talk with VK Law

If your business is facing an intellectual property dispute, or wants to bring one, the early decisions matter most. To talk with VK Law about your situation, call 877-780-4727. The first consultation is free.

Related civil litigation pages

Last reviewed: June 2026 by the attorneys of Vaksman Khalfin, PC.

This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and apply differently to each situation; consult a licensed attorney about your specific facts.

Frequently Asked Questions

No. VK Law handles intellectual property disputes and litigation: enforcing and defending IP rights, not patent or trademark prosecution (the application and registration process at the U.S. Patent and Trademark Office). If your matter is a dispute, demand letter, or lawsuit, that is the work we do.

A trademark protects the brand identifiers that distinguish your goods or services, like a name or logo. Copyright protects original creative work, like writing, code, or images. A trade secret protects valuable confidential information that you keep secret. Many disputes involve more than one of these at the same time.

It depends on the type of right. Copyright and patent disputes are heard in federal court. Trademark claims under the Lanham Act can be brought in federal court, with related claims sometimes proceeding in state court. Trade-secret and unfair-competition claims can often be litigated in California state court, or in federal court when a federal claim or other basis for federal jurisdiction is present.

The usual first step is a cease-and-desist letter demanding that they stop. If that does not resolve it, the next options can include a request for an injunction to halt the use and, in some cases, a claim for damages. A trademark dispute often also supports a California unfair-competition claim. The right move depends on the strength of your rights and the facts.

It can be. If the information qualifies as a trade secret (valuable because it is secret, and protected by reasonable steps) and the former employee acquired, used, or disclosed it improperly, that is trade-secret misappropriation under California's Uniform Trade Secrets Act (Civil Code section 3426 and following). These cases often move quickly, because stopping the information from spreading is usually the priority.

Different IP claims carry different deadlines, called statutes of limitations, and they vary by the type of claim and the facts of your case. Because missing a deadline can end a claim regardless of its merits, the timing should be reviewed early with a lawyer rather than assumed. We will assess the applicable deadlines as part of evaluating your matter.

Not automatically. A demand letter is one side's position, not a court order. The right response depends on whether the claim has merit, what defenses exist, and what the business wants to accomplish. Ignoring a valid claim can be costly, but so can over-reacting to a weak one. We can review the letter and advise on how to respond.

This work is billed hourly. We do not handle these matters on a contingency basis, and we do not guarantee outcomes. The first consultation is free, and we will give you a clear sense of the work involved before you commit. Call 877-780-4727.

This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Laws and deadlines change and vary by situation; consult a lawyer about your specific matter.

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