You have a duty to uphold your intellectual property because the United States Patent and Trademark Office will not enforce it on your behalf. As your trademark litigation lawyer, we’ll help you protect your trademark by:
- Sending a cease-and-desist letter
- Suing on your behalf
- Seeking remedies for the damage caused to your brand and image
A cease-and-desist letter may be all that’s necessary to stop the infringement from occurring, and a fast settlement can often be made outside the courtroom.
If the infringing party does not stop infringing on your rights, we’ll explore litigation options with you.
Do you believe someone is infringing on your trademark?
Call (702) 608-3720 or fill out our form to speak to a trademark litigation lawyer.
Understanding the Trademark Litigation Process
Litigation may be your best option for protecting your intellectual property and seeking damages from the infringing party. If you determine that litigation is something you do want to pursue, the process will involve multiple steps:
- Assessment: Initially, we’ll gather evidence of your trademark’s use and identify whether the other party violated your trademark. Litigation may be recommended, but this is determined case-by-case.
- Pre-trial: The pre-trial involves sending a demand for cease and desist, negotiations and filing a complaint. If we can agree on a settlement during pre-trial, it may be possible to avoid going to trial.
- Trial: When no settlement is reached, trial will begin. A trial will involve submitting evidence of the infringement, witness testimony and more to prove your claim that your trademark was infringed. During the litigation process, the court is likely to order an injunction to stop the infringing party from continuing to use your IP.
A jury or the court will come to a judgment, and relief and damages will be determined. An appeal in a litigation matter can generally be filed in several circumstances: after a final judgment has been made by a trial court, against specific interlocutory orders, or if there were errors of law, procedural errors, or if the judge abused their discretion. Additionally, an appeal may be filed if new evidence emerges that could significantly impact the case’s outcome or if there are constitutional issues that suggest a party’s rights were violated. In each case, the appealing party believes that a substantial mistake or injustice occurred during the trial process.
An alternative strategy to consider is to negotiate a licensing agreement with the other party. Licensing allows you to receive payment in return for the use of your trademark and may even be granted only throughout the litigation process.
Common Reasons for Trademark Litigation
Trademark litigation can arise for several reasons, but the most common reasons include:
Infringement
Trademark infringement is one of the most common reasons for trademark litigation. Typically, plaintiffs will claim one or both of the following:
Likelihood of Confusion
In this case, the plaintiff argues that the defendant’s trademark is so similar to theirs that it will confuse customers.
If customers are confused about who is providing the products or services at hand, it can lead to:
- Lost trust
- A tarnished reputation
A trademark litigation lawyer can help trademark holders establish the likelihood of confusion via:
- Evidence of customer confusion. For example, a customer claims they bought the defendant’s product assuming that it was the plaintiff’s product.
- Similarity. For example, a name that is similar to the plaintiff’s trademark or a design that suggests the plaintiff’s trademark.
- Proximity. For example, both parties may be operating in the same geographic area, offering similar products or services, and using the same marketing channels.
Trademarks can be confusingly similar if they sound similar, convey the same visual commercial impression, or have a similar appearance. They do not have to be identical to confuse customers or for trademark holders to prove the likelihood of confusion.
Trademark Dilution
In this case, the plaintiff, or trademark holder, argues that the defendant’s trademark will diminish their own.
Because the infringing trademark is similar in appearance or name, it reduces the trademark’s distinctiveness and value. If the defendant decides to use a similar trademark for a controversial purpose, it can tarnish the plaintiff’s reputation.
Other Reasons for Litigation
- Breach of License Agreement: The defendant fails to comply with the trademark licensing contract.
- Opposition Proceedings: A trademark holder opposes a trademark application because it is deemed too similar.
We’ll Develop a Litigation Strategy to Protect Your Trademarks
At Hone Law, we know that your intellectual property is what sets your business apart from others. Protecting against infringement is imperative. An experienced trademark litigation lawyer can help you navigate the litigation process.
As a forward-thinking business law firm, we take an innovative and winning approach to trademark litigation. The process starts with a comprehensive review of your case to determine the best plan to take and tailor a team of professionals to meet your needs.
Contact us today to learn more about how we can assist with your trademark issue.