IP Infringement Checklist: Trademark & Copyright in the US

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How to Use This Checklist Core Checklist Often Overlooked Next Steps After Completing the Checklist FAQ Do I need a registered trademark or copyright to take action?How long does a copyright infringement claim take?What is the difference between a trademark and a copyright?Can I handle an IP infringement claim without a lawyer?

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Use this checklist to identify, document, and respond to IP infringement involving trademarks and copyrights under US law.

If you believe someone is using your trademark, copying your creative work, or otherwise infringing your intellectual property (IP), acting quickly and methodically matters. This checklist is designed for US business owners, creators, and rights holders who suspect IP infringement and need a structured starting point.

How to Use This Checklist

Work through each item in order. Check off completed steps and note dates, file names, and contact details as you go. This checklist covers both trademark infringement (unauthorized use of a brand identifier) and copyright infringement (unauthorized copying or distribution of original creative works). Some items apply to both; others are specific to one type.

Core Checklist

[ ] Identify your IP asset — confirm whether it is a trademark, copyright, or both

[ ] Confirm ownership — locate registration certificates, copyright deposits, or creation records

[ ] Search USPTO records for your trademark registration status at [uspto.gov](https://www.uspto.gov)

[ ] Check copyright registration with the US Copyright Office if applicable

[ ] Document the alleged infringement — take screenshots, photos, or recordings with timestamps

[ ] Record URLs, product listings, and platform names where infringing content appears

[ ] Note the date you first discovered the infringement

[ ] Identify the infringing party — business name, contact details, registered agent if available

[ ] Assess likelihood of confusion (for trademarks) — would consumers mistake the infringing mark for yours?

[ ] Assess substantial similarity (for copyright) — does the infringing work closely resemble your protected expression?

[ ] Determine geographic scope — is infringement occurring in your registered territory?

[ ] Check the statute of limitations — trademark claims: generally 3–6 years under relevant state law; federal copyright claims: 3 years from discovery under 17 U.S.C. § 507(b)

[ ] Review your licensing agreements to confirm no authorized use exists

[ ] Search for prior DMCA takedown notices already filed related to the same content

[ ] Calculate preliminary damages — lost revenue, licensing fees, or statutory damages (copyright: up to $150,000 per willful infringement under 17 U.S.C. § 504)

[ ] Preserve all evidence — do not alter screenshots or delete communications

[ ] Consult an IP attorney to assess claim strength before sending formal notices

Often Overlooked

Common law trademark rights — even unregistered marks may carry enforceable rights based on actual use in commerce

Work-for-hire ownership issues — confirm you, not a contractor, own the copyright before filing a claim

International platforms — infringement hosted overseas may require separate WIPO or platform-specific processes

Fair use defense — the alleged infringer may raise fair use; evaluate this before proceeding

Domain name disputes — trademark infringement via domain names may require a UDRP (Uniform Domain-Name Dispute-Resolution Policy) complaint, separate from standard infringement claims

Next Steps After Completing the Checklist

1.Send a cease-and-desist letter outlining your rights, the infringement, and the remedy you seek
2.File a DMCA takedown notice with the relevant online platform for copyright infringement
3.Submit a trademark infringement complaint to the platform (Amazon, Etsy, Meta, etc.) using their brand protection portals
4.File with the USPTO if the infringing party has applied for a conflicting trademark
5.Initiate federal litigation in US District Court if informal resolution fails

Do I need a registered trademark or copyright to take action?

Not always. Unregistered trademarks can carry common law rights, and copyright protection attaches automatically upon creation. However, federal registration significantly strengthens your legal position and is required to sue for statutory damages in copyright cases.

How long does a copyright infringement claim take?

Timelines vary widely. DMCA takedowns can resolve in days. Federal litigation may take one to three years. Many disputes settle before trial.

What is the difference between a trademark and a copyright?

A trademark protects brand identifiers — names, logos, slogans. A copyright protects original creative works — writing, music, art, software code. A single product may involve both.

Can I handle an IP infringement claim without a lawyer?

You can file DMCA notices and platform complaints independently. For cease-and-desist letters and litigation, legal guidance is strongly recommended to avoid procedural errors or counterclaims.

Use ROY's free AI analysis to understand how the law applies to your specific situation.

This article provides general legal information only and does not constitute legal advice for your specific situation. Laws vary by state/territory. Consult a qualified lawyer for advice tailored to your circumstances.

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