Intellectual Property: Frequently Asked Questions

Straight answers to 1932 of the most common questions about copyright, trademarks, patents, trade secrets, and the right of publicity — written for founders, creators, and counsel. Pick a topic below; each answer links to the full guide or case analysis behind it. Educational only, not legal advice.

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A few of the most-asked questions
What should I do first if I'm accused of copyright or trademark infringement?
Don't ignore it and don't respond in anger. Read the letter carefully, calendar every deadline it mentions, preserve everything related to the accused material (including the material itself — don't delete it), and figure out who is actually claiming what rights. Then assess whether the claim is a genuine dispute or a mass-mailed form letter. For anything beyond a routine platform takedown, a consultation with an IP attorney early is far cheaper than fixing a mistake later. More Copyright questions ›
Should I ignore a copyright infringement letter?
Almost never. Some mass-mailed demand letters do fizzle if ignored, but ignoring is a strategy you should choose deliberately after assessing the sender, not a default. Ignoring an actual lawsuit leads to default judgment, ignoring a Copyright Claims Board notice without opting out can lead to an enforceable default award, and ignoring marketplace complaints can get your Amazon or Etsy account suspended. At minimum, read it, calendar the deadlines, and evaluate how real the threat is. More Copyright questions ›
How do I appeal an IP complaint on Amazon?
First identify the complaint type from the Account Health dashboard notice, because the appeal path differs. For counterfeit claims, submit invoices or receipts from a legitimate supplier proving authenticity. For copyright takedowns, you can file a DMCA counter-notice through Amazon's process. For trademark claims on genuine branded goods, argue first-sale and supply documentation; for utility patent claims you may be routed to Amazon's neutral patent evaluation (APEX) process. In parallel, contact the rights owner directly and request a retraction — a retraction submitted to Amazon by the complainant is usually the fastest full fix. More Trademarks questions ›
Can someone get my listing removed with a false infringement claim?
Yes, and it happens routinely — marketplaces remove listings based on complaints without judging their merits, and some competitors abuse that. Your remedies: appeal through the platform with proof, demand a retraction from the complainant in writing, and for knowingly false copyright takedowns, 17 U.S.C. § 512(f) creates liability for material misrepresentation, with damages and attorney's fees. Courts have also allowed claims like tortious interference and unfair competition against serial false complainers. Document everything, because a pattern of bad-faith complaints is what turns a platform appeal into a viable lawsuit. More Trademarks questions ›
What does California Labor Code 2870 actually protect?
Section 2870 makes an invention-assignment agreement unenforceable as to inventions you developed entirely on your own time, without using any employer equipment, supplies, facilities, or trade secret information — but only if the invention also does not relate to the employer’s business or its actual or demonstrably anticipated research or development, and does not result from any work you performed for the employer. Every condition must be satisfied. If your side invention relates to what your employer does, § 2870 does not shield it even if you built it entirely at home on weekends. More Patents questions ›
Does my employer have to tell me about Section 2870?
Yes, if the employment agreement requires you to assign inventions. Under Labor Code § 2872, the agreement must include a written notification that the assignment provision does not apply to inventions that qualify under § 2870. Section 2870(b) separately declares that any contract provision purporting to assign a protected invention is against California public policy and unenforceable. A missing notice does not automatically hand you every invention, but it undercuts the employer’s position and is a compliance failure California courts notice. More Patents questions ›
Are non-compete agreements enforceable in California?
Generally no. California Business and Professions Code Section 16600 voids most non-compete agreements in the employment context, no matter how narrowly they are drafted. Only a few statutory exceptions apply, mainly when someone sells a business or dissolves a partnership or LLC. For your specific situation, talk to an attorney licensed in your jurisdiction. More Trade Secrets questions ›
What if I signed a non-compete in another state before moving to California?
Under SB 699, which added Section 16600.5 effective January 1, 2024, a non-compete that would be void under California law is unenforceable in California even if it was signed in another state where such agreements are allowed. The law also gives employees a private right of action and the ability to recover attorney's fees, but you should confirm how it applies to your facts with a licensed attorney. More Trade Secrets questions ›
Is an AI deepfake a violation of the right of publicity?
It can be. The right of publicity protects the commercial value of your name, image, likeness, and — increasingly — your voice. An AI deepfake that uses your identity to sell, endorse, or trade on your persona without consent is a classic publicity violation, even if no genuine footage of you exists. Newer state 'digital replica' statutes make voice and AI-generated likenesses explicitly actionable, and some reach the tools that create them. More Right of Publicity questions ›
What is the ELVIS Act and what does it protect?
The ELVIS Act (Ensuring Likeness, Voice, and Image Security Act) is a Tennessee law effective July 1, 2024. It updated Tennessee's Personal Rights Protection Act to explicitly protect an individual's voice alongside name, photograph, and likeness, and to cover AI-generated simulations. Critically, it also creates liability for anyone who makes available a product or service whose primary purpose is producing an unauthorized digital replica of a person. More Right of Publicity questions ›
Educational content, not legal advice. These answers explain general legal concepts under U.S. law and are not a substitute for advice from a licensed attorney. Laws vary by jurisdiction and change over time.