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Reprinted with permission from the November 2025 issue of The Intellectual Property Strategist. © 2025 ALM Global Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
Point/Counterpoint Taft IP Litigation Series: Your Tradeshow IP
Protection Playbook
Part 1: What can you do if your competitor is using your IP at a
tradeshow?
Our team has spent decades helping clients navigate tradeshow prep from an IP standpoint. There are few moments more rewarding than walking the floor of a tradeshow with a client who is debuting a new product or brand they've worked on all year. But, we've also seen how quickly that excitement can turn to stress when a competitor is spotted with a remarkably similar product or name.
Experience has proven that the stress of IP infringement matters resides on both sides of the fence: whether you find a competitor infringing upon your ideas, or your company finds itself being accused of doing the infringing. While this article outlines the appropriate steps to take if you spot your innovation in your competitor's booth across the hall, we've authored a separate article for companies who find themselves on the receiving end of an accusation. In both cases, it is our goal to help clients protect what they've built and to keep those moments of celebration from being overshadowed by legal uncertainty.
This article's focus: What can you do if your competitor is using your IP at a tradeshow?
1) Pre-Show Prep.
- File early. It isn't necessary to wait until a product hits the market to protect the associated IP. A provisional patent or "intent to use" trademark application can make all the difference, and potentially save you from litigation. Filing before the show secures your priority date and protects you from "copycat" filings. Most law firms can get something on file with a couple days of notice in order to preserve your rights.
- Mark your products and collateral. If you have IP protections in place, clearly mark the products and your marketing collateral with (C), ®, ", or "patent pending." If you are uncertain what to use, call a lawyer and they will help you clear it up. It's a simple step that strengthens your position and deters infringement.
- Kickoff-eve walk-through. Though there is some variety in the timing of tradeshows, the majority of booths are set and ready to go Sunday or Monday, allowing you to take a stroll through the booths to see if any issues are going to come up once the doors open on Tuesday. This is the time to look for competitors with similarities and get in front of the problem.
- Proof of ownership. Bring proof of ownership—applications, registrations, license agreements, or first-use records. Most tradeshows require documentation if you file an IP complaint through their dispute resolution channels.
2) At the Show.
- If you spot infringement at the show, don't confront competitors directly. Most tradeshows prohibit serving legal papers or arguing on the floor. Instead, many shows ask that you file an IP complaint form with show management (typically, the protocol is found in the official exhibitor rules). You can hire counsel to support this complaint, or file it on your own.
- Provide your evidence. Be ready with your proof of IP ownership and a clear description of the issue. Depending on the event, show management may investigate and can take swift action if a violation is confirmed—ranging from removing the product to closing a booth.
3) Understand the Limits.
- Know the rules, and the limitations of the show's protocols. If your show has a dispute resolution process, know that it is administrative—it isn't a court. Show dispute policies are designed to maintain fairness and stop clear misuse of intellectual property during the show, not to resolve complex ownership disputes. But it can be an effective, immediate tool for protecting your rights and your reputation.
Taft Takeaways
The best IP protection at any tradeshow starts before the doors open. Prepare your filings, mark your products, and know the procedures if something goes wrong. Be sure to check in with your IP counsel to make sure they, or someone on their team, is available to help if you run into trouble. With the right preparation—and the right support—you can focus on what you came to do: celebrate your innovations and share them with buyers from around the world.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
