What if someone infringes my trademark online?

Options include platform takedowns (Brand Registry, VeRO), cease-and-desist, UDRP for domains, and federal Lanham Act suit. Counterfeit cases support statutory damages up to $2 million per mark.

Practice Area

Intellectual Property Law

Direct consultations in 한국어, 中文, and English — no interpreters.

US trademark, copyright, trade secret, and IP licensing counsel for Korean-American founders, technology companies, content creators, and cross-border businesses. Founder-led work from filing to enforcement.

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01 · Our Team

Founder-Led IP Counsel

Intellectual property matters require both legal precision and business judgment — from clearance searches before a brand launch, to enforcement of trademarks in counterfeit marketplaces, to negotiation of license terms across borders. Song Law Firm’s IP practice is led directly by the founding member with bilingual capacity in English and Korean.

Joseph D. Song

Founding Member

Admitted in NJ, NY, TX, GA. Counsels Korean-American founders, content creators, e-commerce sellers, and cross-border businesses on USPTO trademark prosecution, copyright registration, trade secret protection, IP licensing, DMCA enforcement, and online brand protection. Fluent in English and Korean.

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02 · Practice Scope

What We Handle

End-to-end IP support — from pre-launch clearance to enforcement and licensing.

Trademarks (USPTO)

Clearance searches, federal trademark applications, office action responses, opposition and cancellation proceedings before the TTAB, Madrid Protocol filings, and post-registration maintenance.

Copyright

US Copyright Office registration for software, marketing creative, music, video, books, and visual art. DMCA takedown letters and counter-notices. Work-for-hire and assignment agreements.

Trade Secrets & NDAs

Trade secret identification and protection programs under the Defend Trade Secrets Act (DTSA) and NJ Trade Secrets Act. Mutual and unilateral NDAs, employee confidentiality agreements, exit protocols for departing engineers and managers.

IP Licensing & Royalties

License agreements for software, content, brands, and patents. Royalty audits, sublicensing, exclusivity provisions, termination and reversion rights. US-Korea cross-border licensing structures.

Online & Marketplace Enforcement

Amazon Brand Registry, eBay VeRO, Etsy IP takedowns, social platform brand protection (Meta, TikTok, YouTube). Counterfeit and gray-market seller actions. Domain disputes via UDRP.

IP Due Diligence & Transactions

IP audit for M&A, financing rounds, and licensing transactions. Chain-of-title review, freedom-to-operate analysis, IP representations and warranties in purchase agreements.

Patent Coordination

Strategic counsel on patent strategy and prior art landscape. Coordination with registered patent counsel for utility and design patent prosecution before the USPTO.

Disputes & Cease-and-Desist

Cease-and-desist letters, infringement responses, settlement negotiation, and IP litigation strategy in federal court (Lanham Act, Copyright Act, DTSA).

03 · Critical Window

Timing Matters in IP

IP rights can be lost or weakened by waiting. Three critical timing windows you should know.

Before You Launch

File trademark applications and NDAs before public disclosure. Public use of an unregistered mark can lead to clearance conflicts; disclosure without NDA can destroy trade secret protection.

Within 5 Years

US trademark registrations become incontestable after five years of continuous use and a §15 declaration. Missing this window keeps the registration vulnerable to challenge.

Three-Year Statute

Federal copyright infringement and trade secret claims under the DTSA generally have a three-year statute of limitations. Trademark claims (Lanham Act) carry no fixed limitations period but face laches.

04 · Results

Representative Outcomes

Selected matters reflecting the range of IP work — registration, enforcement, and licensing.

Federal Trademark Portfolio

Established a portfolio of US federal trademark registrations for a Korean-American food brand across multiple classes, including post-registration §8 and §15 filings.

Counterfeit Marketplace Enforcement

Coordinated removal of hundreds of counterfeit listings across Amazon, eBay, and AliExpress through Brand Registry, VeRO, and platform IP teams for a US-based consumer brand.

Cross-Border IP License

Negotiated a US-Korea content licensing agreement with royalty audit rights, exclusive territory, and termination triggers for a media company expanding into the Korean market.

DTSA Trade Secret Recovery

Pre-litigation recovery of source code and customer data from a departing engineer under NDA and DTSA framework, resolved before federal filing.

05 · Questions Answered

Common IP Questions

Should I file a trademark before launching my brand?

Yes — file an intent-to-use (ITU) application before public launch. The US is a first-to-use country, but federal registration significantly strengthens rights: nationwide priority, presumption of validity, incontestability after five years, and access to federal court remedies including statutory damages and attorneys’ fees.

What is the difference between TM, ®, and ©?

TM = unregistered trademark claim (any user can use). ® = federally registered trademark (use only after USPTO registration issues). © = copyright notice for creative works (technically optional but strengthens damages). Each marks a different right with different filing prerequisites.

Do I need to register my copyright?

Copyright exists from the moment of fixation, but US Copyright Office registration is required to sue for infringement in federal court (17 U.S.C. §411) and to claim statutory damages and attorneys’ fees. Registration within 3 months of publication (or before infringement) preserves these enhanced remedies.

How does Amazon Brand Registry work?

Amazon Brand Registry requires an active US federal trademark registration. Once enrolled, brand owners receive access to enhanced reporting, automated infringement detection, and a faster takedown queue. Registry is the most effective enforcement tool for Amazon sellers facing counterfeits.

What is a DMCA takedown?

The Digital Millennium Copyright Act (17 U.S.C. §512) provides a notice-and-takedown procedure for online infringement. A proper DMCA notice to a hosting platform (YouTube, Instagram, web hosts) typically results in removal within 24-72 hours. A counter-notice from the alleged infringer can restore the content unless suit is filed within 10-14 business days.

How do I protect a trade secret?

Trade secret protection requires (1) information that derives independent economic value from secrecy and (2) reasonable measures to keep it secret. Practical measures include NDAs, access controls, employee training, exit protocols, and marking. Under the federal Defend Trade Secrets Act (DTSA, 18 U.S.C. §1836) and the NJ Trade Secrets Act, owners can sue for misappropriation and seek injunction, damages, and (in egregious cases) double damages and attorneys’ fees.

Can I license my IP internationally?

Yes. US trademark and copyright owners can license their IP to foreign licensees through written license agreements that specify territory, exclusivity, royalty terms, audit rights, term, and termination. For US-Korea cross-border deals, common issues include withholding tax (US-Korea tax treaty), currency, dispute forum, and enforcement.

What happens if someone infringes my trademark online?

Options include (1) platform takedowns (Amazon Brand Registry, social platform IP reports), (2) cease-and-desist letters, (3) UDRP arbitration for infringing domain names, (4) federal court suit under the Lanham Act seeking injunction, profits, damages, and (in counterfeit cases) statutory damages up to $2 million per mark. Strategy depends on the infringer, scale, and territory.

Do you handle patent prosecution?

Patent prosecution before the USPTO requires registration with the USPTO Patent Bar. Song Law Firm provides strategic counsel on patent strategy and coordinates with registered patent counsel for utility and design patent applications, including prior art landscape review and freedom-to-operate analysis.

How much does IP work cost?

Trademark applications are typically flat fee per class (USPTO filing fee $250-$350 per class is separate). Office action responses are flat or hourly. License agreements and litigation are hourly with retainer. Initial consultations are free. Specific quotes available after a brief consultation about your matter.

06 · Service Area

Where We Serve

From our Fort Lee headquarters, we represent IP clients across the US and serve cross-border matters involving Korea and Asia.

United States

USPTO and US Copyright Office filings nationwide. Federal court enforcement in NJ, NY, and coordinated counsel in other US districts. Online enforcement across Amazon, eBay, Etsy, Meta, TikTok, YouTube, Shopify.

Local clients: Fort Lee, Palisades Park, Englewood, Manhattan, Queens (Flushing), Brooklyn, Long Island.

Cross-Border (Korea & Asia)

US-Korea trademark and licensing matters, including foreign-priority claims under the Paris Convention and Madrid Protocol filings via WIPO. Coordination with Korean IP counsel for KIPO matters.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

07 · Recent Articles & Columns

Intellectual Property Articles

Recent columns and updates on US trademark, copyright, and IP enforcement from Song Law Firm.

08 · Success Stories

Recent IP Matters

Selected IP outcomes from Song Law Firm.

09 · Get in Touch

Protect Your Brand and Work Product.

Free initial consultation. Direct counsel in Korean, Chinese, or English. No interpreters, no second-line staff — senior attorney on your matter from day one.