Infringement of a trademark occurs when someone, other than the trademark owner, uses the mark, or a similar mark, on goods or services in a manner that is likely to cause confusion concerning the source or origin of the parties’ respective goods or services or to suggest an affiliation or an endorsement of the junior user’s goods or services by the owner of the mark.   

Whether you are defending or enforcing your trademark rights, it is vital that you consult with a trademark attorney to determine your rights before engaging in litigation. Our attorneys have successfully defended and enforced trademark rights in domain name disputes, federal trademark lawsuits, unfair competition claims, and related matters. 

A cease and desist letter is typically the first step in obtaining relief from an infringer. The letter identifies the owner of the mark, analyzes the competitor’s infringement and provides a form of relief to avoid litigation. If the potential infringer ignores the cease and desist letter or if the two parties are unable to resolve the issue, the trademark owner will usually file a lawsuit in either the state or federal court. The remedies available to a successful trademark owner in an infringement lawsuit may include an injunction; a monetary award; impoundment and destruction of infringing items; and, in exceptional cases, recovery of the trademark owner’s attorney’s fees.

Contact us for a free consultation to discuss your trademark rights!