infringement-triage

Analyzes trademark, copyright, patent, and trade secret facts into factor-by-factor infringement triage memos.

Updated Jun 17, 2026
One-click install
npx skills add https://github.com/tk1cntt/PhapChe --skill infringement-triage-tk1cntt
Or copy as Structured Prompt for Agent
Please help me install this Agent Skill.
Skill: infringement-triage
Source: https://github.com/tk1cntt/PhapChe/tree/main/docs/claude-for-legal-main/ip-legal/skills/infringement-triage
Command: npx skills add https://github.com/tk1cntt/PhapChe --skill infringement-triage-tk1cntt

SYSTEM DOCUMENTATION & REQUIREMENTS

What problem does it solve? When a knockoff surfaces or you suspect you may be infringing someone else's IP, you need a structured factor analysis before deciding whether to assert, defend, or stand down — but infringement conclusions require attorney judgment. This Skill walks the applicable legal tests and produces a flag list showing what cuts each way, without ever concluding infringement or non-infringement. ## Core Features & Use Cases - Four rights modes: Separate triage workflows for trademark (confusion, dilution, false advertising), copyright (ownership, registration, substantial similarity, fair use, DMCA safe harbor), patent (claim charts, literal and doctrine-of-equivalents flags, design patent branch, invalidity defenses), and trade secret (secrecy, reasonable measures, misappropriation, preemption). - Posture-aware output: Distinguishes senior-party (assertion) from accused-party (risk) posture and routes next steps per the practice profile's enforcement posture and approval chain. - Guardrailed memo output: Writes a structured triage memo with factor tables, defense flags, GREEN/YELLOW/RED triage result, work-product header, and a non-lawyer gate with an attorney brief. - Use Case: A competitor launches a product called APEXSEED while you own APEXLEAF in the same class — run the triage to walk the circuit's confusion factors, flag what favors each side, and get routed next steps such as a cease-and-desist draft. ## Quick Start Ask the assistant to run an infringement triage on your facts, for example: "Run an infringement triage — a competitor launched a tool called APEXSEED in class 9 and we hold APEXLEAF registered in class 9; assess likely confusion."

Frequently Asked Questions about infringement-triage

High-intent search queries and answers about installing and using this skill.

FAQPage Schema
How do I assess whether a competitor is infringing my trademark?

Run the trademark mode, which applies your circuit's multi-factor confusion test (similarity of marks, goods, channels, intent, actual confusion) plus dilution and false advertising checks. The output is a factor table showing what cuts each way, not a legal conclusion.

How to triage a possible copyright infringement claim?

The copyright mode walks ownership, registration status under 17 U.S.C. § 411, access plus substantial similarity, the four fair use factors, and DMCA safe harbor if the accused is a service provider. Each element is flagged with direction rather than decided.

Does this skill decide whether something infringes a patent?

No. It never concludes infringement or non-infringement on any right. For patents it builds a first-pass claim chart with literal and doctrine-of-equivalents flags plus invalidity defenses, then routes to patent counsel for the actual opinion.

Can it handle design patents differently from utility patents?

Yes. It checks the patent number prefix first: D-prefix design patents get the Egyptian Goddess ordinary-observer test with functional-vs-ornamental and §289 damages flags, while RE and PP prefixes branch to reissue or plant patent handling.

What are the limitations of an automated infringement triage?

The triage is a flag list, not a legal finding — it cannot substitute for survey evidence, claim construction, damages experts, or jurisdiction-specific analysis outside its scope. Acting on it without attorney review risks Rule 11 sanctions, declaratory-judgment exposure, and enhanced damages.

What happens after the triage points toward enforcement?

If the practice profile's posture supports assertion, the skill offers to hand off to cease-and-desist drafting or DMCA takedown preparation as separate gated skills. It never drafts enforcement letters automatically — the approver decides.