What is Johnson Evans & Headrick, P.C.?

Johnson Evans & Headrick, P.C. manages 5 data types including contact submissions.

Can I get statutory damages for copyright infringement?

Statutory damages under 17 U.S.C. § 504(c) are available only if the work was registered before the infringement commenced — or within three months of first publication. Up to $30,000 per work for non-willful infringement, and up to $150,000 per work for willful infringement. If registration was not timely, you are limited to actual damages and the infringer's profits. We advise on registration timing as a litigation-readiness strategy, not just a formality.

What is the difference between trade dress and trademark infringement?

Trade dress is a species of trademark — it protects the total image, overall appearance, or packaging of a product, rather than a word or logo. Unregistered trade dress under § 43(a) requires proof of secondary meaning (that consumers associate the trade dress with the source) and that the trade dress is non-functional. Functionality is a complete defense — if the feature is essential to the use or purpose of the product, it cannot be protected however strong the secondary meaning.

When are attorney fees awarded in an IP infringement case?

In trademark cases under 15 U.S.C. § 1117(a), fees are available in "exceptional cases" — typically where the case is groundless or the losing party acted in bad faith, or the prevailing party's position was exceptionally meritorious. In copyright cases under 17 U.S.C. § 505, fees are awarded at the court's discretion based on the Fogerty factors (frivolousness, motivation, objective unreasonableness, and compensation/ deterrence). We build the fee record throughout the case.

Should I send a cease-and-desist letter before suing?

Usually — but not always. A weak or overbroad demand can trigger a declaratory-judgment action filed by the accused infringer in a forum favorable to them, putting you on defense. We assess the strength of the claim and the forum risk before the letter goes out, and we often structure the demand to preserve settlement leverage without surrendering the initiative.

What are counterfeit goods and how are they enforced?

A counterfeit is a mark that is identical to or substantially indistinguishable from a registered mark used on the same goods. Counterfeit-mark claims carry enhanced remedies: ex parte seizure orders under 15 U.S.C. § 1116 and treble damages under § 1117(d). We coordinate with U.S. Customs and Border Protection (CBP recordation) and online marketplaces on takedowns and seizures.

IP Infringement Litigation

Enforcement is how a registration becomes an asset — or stays a piece of paper.

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.

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15 U.S.C. § 1117

Lanham Act Remedies — Profits, Damages & Fees

01 · Orientation

A registration is only as valuable as your willingness to enforce it.

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.

15 U.S.C. § 1114

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.

17 U.S.C. § 501

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.

17 U.S.C. § 504

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.

§ 43(a)

02 · Scope of Practice

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.

03 · How We Work

How we approach the work.

Partner-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.

04 · Representative Results

A representative track record.

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Injunction

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

Statutory Damages

$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

Defense Win

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

05 · Lead Counsel

Shareholder · Nashville

Michael A. Johnson

"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."

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06 · Common Questions

Before you call.

For a registered mark under 15 U.S.C. § 1114: (1) you own a valid, protectable mark, and (2) the defendant's use is likely to cause consumer confusion. Courts apply multi-factor tests (Polaroid in the Second Circuit, Sleekcraft in the Ninth, DuPont at the TTAB, etc.) weighing similarity of the marks, relatedness of the goods, strength of the mark, evidence of actual confusion, marketing channels, consumer care, and intent. For unregistered marks, the claim proceeds under § 43(a).