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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
Often Overlooked
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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Outcome Distribution for General Cases
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This document is provided for general informational purposes only and does not constitute legal advice, legal counsel, or a guarantee of outcome for any specific case. For specific legal matters, please consult a qualified legal professional. ROY Legal Insights is an information service and not a law firm. First published: 2026.04.07.