Intellectual Property Infringement: What Businesses in Pennsylvania, New York, and Nationwide Must Know

Disclaimer: This article is for informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Todd Nurick and Nurick Law Group are not your attorneys unless and until there is a fully executed written fee agreement with Todd Nurick or Nurick Law Group.

Introduction

Intellectual property (IP) drives modern business value. Whether you're developing brand assets, software, creative content, or proprietary processes, protecting IP and avoiding infringement claims is essential. Todd Nurick of Nurick Law Group, a business attorney licensed in Pennsylvania and New York, advises companies nationwide on IP risks that arise during everyday operations, contracts, marketing, and product development.

1. Types of Intellectual Property Every Business Should Understand

Copyright

Protects original works of authorship such as writing, websites, images, software code, graphics, marketing materials, and videos. Copyright protection attaches automatically, but registration increases enforcement power and allows for statutory damages and attorney’s fees.

Trademarks

Protect brand names, logos, slogans, and other identifiers that distinguish goods or services. Businesses in Pennsylvania and New York often face disputes over confusingly similar marks, domain names, or trade dress.

Patents

Protect inventions, processes, and designs. Patent disputes often arise when a company unknowingly uses technology or methods that are already patented by another party.

Trade Secrets

Protect formulas, customer lists, internal methodologies, strategies, or confidential business data. Trade-secret liability frequently arises from poor safeguards or employee transitions.

Understanding what you own—and what you use—is the first step in preventing infringement exposure.

2. Common Ways Businesses Accidentally Infringe IP

Businesses often commit unintentional IP violations simply by:

• Using images or graphics found online

• Incorporating third-party software or APIs without proper licensing

• Using similar names or logos to existing brands

• Posting copyrighted content in marketing materials

• Adopting templates or designs purchased from unverified vendors

• Hiring contractors who reuse code or creative assets from past clients

• Relying on AI-generated content that may include copyrighted material

In many cases, the business—not the vendor or employee—bears responsibility.

3. IP Infringement Can Lead to Significant Liability

Depending on the type of IP, remedies may include:

• Cease-and-desist demands

• Injunctions

• Monetary damages

• Statutory damages (especially for registered copyrights)

• Attorneys’ fees

• Destruction of infringing materials

• Loss of brand value or goodwill

In New York and Pennsylvania, courts routinely enforce IP rights, and federal courts maintain jurisdiction over most IP infringement claims. For companies operating nationally, the exposure is even broader.

4. Trademark Risks: Confusion and Dilution

Trademark infringement occurs when a business uses a mark that is “confusingly similar” to another mark offering related goods or services.

Key risk factors include:

• Similar sound, appearance, or meaning

• Overlapping industries

• Similar marketing channels

• Evidence of actual consumer confusion

New York and Pennsylvania businesses must conduct trademark clearance searches before launching new names, logos, or product lines.

5. Copyright Risks: Digital Content & Online Marketing

With the rise of digital marketing, copyright infringement is more common than ever.

Businesses may be liable for:

• Using unlicensed stock photos

• Embedding videos or music improperly

• Publishing vendor-created content without verifying ownership

• Reposting blogs, graphics, or product descriptions

• Using AI-generated content that resembles copyrighted material

The Copyright Act allows statutory damages up to $150,000 per work for willful infringement, making proactive compliance essential.

6. Trade Secret Risks: Employees, Vendors & Contractors

Both Pennsylvania and New York follow the Uniform Trade Secrets Act (UTSA) principles. Trade-secret liability often arises when:

• Departing employees take customer lists or internal data

• Contractors reuse proprietary templates or code

• Companies fail to implement reasonable confidentiality measures

Businesses must use NDAs, access controls, and internal policies to preserve trade-secret status.

7. How Businesses Can Reduce IP Infringement Risk

To protect your IP and avoid claims:

• Conduct regular IP audits

• Use clear contracts for vendors, creatives, and software developers

• Implement written IP ownership and confidentiality policies

• Register trademarks and copyrights

• Review licenses for all software and digital assets

• Evaluate marketing materials before publication

• Train employees on IP basics

• Ensure AI-generated content is used responsibly and vetted

As outside general counsel, Todd Nurick and Nurick Law Group help companies establish IP policies, evaluate risks, and respond strategically to infringement claims.

Conclusion

IP infringement is a serious and often overlooked business risk. Pennsylvania, New York, and national companies must be proactive in protecting their own IP and ensuring they do not unintentionally infringe others. With the right policies and legal support, businesses can safeguard their assets and avoid costly disputes.

Todd Nurick and Nurick Law Group provide comprehensive business-law guidance on IP protection, contract drafting, compliance, and dispute avoidance.

Sources

• U.S. Copyright Act, 17 U.S.C. § 101 et seq.

• Lanham Act (Trademark Act of 1946), 15 U.S.C. § 1051 et seq.

• Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836

• Uniform Trade Secrets Act principles (adopted by Pennsylvania and New York)

• U.S. Patent and Trademark Office (USPTO) Guidance