Trademark law allows you to protect names, logos, and other signifiers used to identify products and services. While there is no requirement to register a trademark federally, doing so has several advantages. For instance, registering your mark with the U.S. Patent and Trademark Office provides notice to the public of your trademark ownership, a presumption of ownership nationwide, and the exclusive right to use the mark in connection with the goods and/or services listed in the registration. In addition, if you are a trademark owner, you have the right to prevent others from using your mark or a confusingly similar one.
If you discover that another person or company is infringing on your trademark, you may be able to sue for trademark infringement and go after monetary damages and other legal remedies for the losses you sustained.
What Is Trademark Infringement?
Trademark infringement refers to the illegal use of a trademark or service mark in connection with goods or services. This kind of usage can lead to confusion, deception, or mistakes about the origin of the goods or services.
Suing for Trademark Infringement
If a person who owns a trademark thinks that someone else is using it without permission or authorization, they can take legal action by filing a lawsuit. Depending on the specific circumstances of the case, the lawsuit may be filed in either state or federal court. However, most trademark owners usually prefer to file infringement lawsuits in federal court.
If the trademark owner is able to provide enough evidence to prove that their trademark has indeed been infringed upon, they will then be able to pursue various remedies, which can include:
- An injunction that tells the defendant to stop using the trademark.
- An order that requires the forfeiture or the destruction of infringing articles.
- Financial relief, including profits made by the defendant, any damages incurred by the plaintiff, and the costs of the action, and
- An order that the defendant pay the attorney fees of the plaintiff
However, to better understand what options you may have when it comes to suing for trademark infringement, consider working with an experienced trademark attorney. These legal professionals can provide you with further information regarding your next steps and the remedies you can pursue.
Main Claims in Trademark Infringement
Typically, in trademark litigation, a plaintiff may make the following claims concerning the infringement:
There is a Likelihood of Confusion
A trademark holder may argue that the similarities between their trademark and the defendants can confuse their customers as to who is providing the services or products in question. To prove this confusion, a trademark holder may argue the following:
- The proximity of the competing trademarks
- The similarity of the competing trademarks
- Testimony of consumer confusion
There Is Trademark Dilution
Under this claim, the trademark holder claims that the infringing party’s trademark will diminish the holder’s original mark by reducing its distinctiveness or tarnishing the trademark’s image and ultimately diluting its value.
Learn More About Trademark Infringement Contact FortmanSpann Today
If you need further information about trademark infringement or want to discuss your case, reach out to the law firm of FortmanSpann. Our legal team is here to help you with all your trademark matters, including pursuing litigation against those infringing on your trademark.
Contact us today to get your questions answered and to learn what legal services our team can provide.