Enforcement is how a registration becomes an asset — or stays a piece of paper.
A registration is only as valuable as your willingness to enforce it.
15 U.S.C. § 1117
Lanham Act Remedies — Profits, Damages & Fees
The legal framework
Infringement litigation is the enforcement engine of an IP portfolio. Under the Lanham Act (15 U.S.C. §§ 1114, 1125) and the Copyright Act (17 U.S.C. § 501), a rights holder can recover the infringer's profits, actual damages, statutory damages, and — in exceptional cases — attorney fees and enhanced damages. We prosecute and defend trademark, copyright, trade dress, and false-advertising claims in federal court, from cease-and-desist through trial — and we counsel brand owners on the enforcement strategy that protects the mark without inviting counterclaims or dilution defenses.
Trademark Infringement
Likelihood of confusion under the Polaroid or Sleekcraft factors (varies by circuit). We prosecute registered-mark claims under § 1114 and unregistered/§ 43(a) claims for false designation of origin and false advertising.
Copyright Infringement
Prima facie case: ownership of a valid copyright and copying of protected elements. We handle registration prerequisites, the deposition rule, substantial similarity, and the fair-use defense.
Statutory Damages & Fees
Statutory damages up to $30,000 per work (or $150,000 for willful infringement) — available only if registration predated infringement (or was made within three months of publication). We advise on registration strategy before it becomes a litigation issue.
Trade Dress & False Advertising
Product configuration, packaging, and total-image trade dress claims under § 43(a), plus false-advertising claims. Functionality and secondary meaning are the contested issues; we build the evidence early.
What we handle
Trademark Infringement
Prosecuting and defending likelihood-of-confusion claims under § 1114 (registered marks) and § 1125(a) (unregistered marks, false designation of origin). Circuit-specific confusion-factor analysis, survey evidence, and consumer-perception experts.
Copyright Infringement
Ownership, copying (direct or via access + substantial similarity), and defenses. We handle the registration prerequisite, the innocent-infringer defense, fair use, and the substantial-similarity analysis (the "extrinsic/intrinsic" or "abstraction-filtration-comparison" tests by circuit).
Trade Dress Infringement
Product configuration, packaging, and total-image trade dress claims under § 43(a). Functionality is a complete bar; secondary meaning is required for unregistered trade dress. We develop the consumer-survey evidence that supports (or defeats) the claim.
False Advertising & False Designation
Claims under § 43(a)(1)(B) for false or misleading statements about a competitor's product. We handle the literal-falsity / falsity-by-necessity / literal-true-but-misleading framework and materiality proof.
Anti-Counterfeiting
Counterfeit-mark claims under 15 U.S.C. § 1116 (ex parte seizure of counterfeit goods) and § 1117(d) (treble damages for use of a counterfeit mark). We coordinate with Customs (CBP recordation) and marketplaces on takedowns and enforcement.
DMCA § 512 Enforcement
Takedown notices and counter-notices under the DMCA safe-harbor framework, and litigation where a counter-notification is filed in bad faith. We handle the § 512(f) misrepresentation claims and platform escalation.
Trademark & Copyright
Enforcement is how a registration earns its keep. But a bad infringement claim is a gift to the accused — it invites a declaratory judgment in their preferred forum. We assess the strength before we send the letter.
— Michael A. Johnson, Shareholder
How we work
Shareholder-led from intake. Counsel that moves as fast as the matter requires — and prepares for the resolution that may never require a courtroom.
Enforcement Assessment
We assess the strength of the mark or work, the registration status, the likelihood of confusion or substantial similarity, and the availability of statutory damages and fees before the first letter goes out. An early assessment prevents a weak claim from inviting a declaratory-judgment counterclaim.
Pre-Suit Strategy
Cease-and-desist, demand, and negotiated resolution where appropriate. We calibrate the approach — an aggressive letter on a weak mark can trigger a DJ action in a favorable forum for the accused infringer.
Discovery & Expert Proof
Likelihood-of-confusion surveys, consumer-perception experts, and forensic proof of copying. The survey and expert record is where most trademark and trade dress cases are won or lost on summary judgment.
Trial & Remedies
Injunction, infringer's profits, actual damages, statutory damages, attorney fees (in exceptional cases), and enhanced damages for willful infringement or counterfeiting. We try the case with a damages model calibrated to the statute and the proof.
Representative results
Outcomes in this area. Every result depends on its facts; past results do not guarantee a similar outcome.
TRO granted
Secured a temporary restraining order and expedited discovery against a competitor using a confusingly similar mark and trade dress, preserving the client's market position pending preliminary injunction hearing.
U.S. District Court · 2025
$750K
Obtained statutory damages and a permanent injunction in a willful copyright infringement action where the defendant had ignored multiple takedown notices — the court found willfulness and awarded fees under 17 U.S.C. § 505.
U.S. District Court · 2024
Summary judgment
Defended a consumer brand against a trade dress infringement claim — established the asserted trade dress was functional and granted summary judgment for the defendant on functionality grounds.
U.S. District Court · 2023
Michael A. Johnson
Shareholder Nashville
Business and intellectual property counsel to founders, creative companies, and technology businesses.
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Shareholder-led from the first call. We'll assess the situation, frame the options, and tell you what we'd do — straight.