THE LAW OFFICE OF PETER F. IOCONA
SOUTHERN CALIFORNIA PERSONAL INJURY & COMMERCIAL LITIGATION ATTORNEYS

FREE CONSULTATION - CALL: 844-762-2500

SOUTHERN CALIFORNIA TRADEMARK LAWYERS

TRADEMARK INFRINGEMENT

Trademark infringement is legal definition applying to the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. Would the similarly trademarked appearance of the good or product lead a consumer to think that he/she was buying the product they preferred but actually bought the trademark infringers product instead.

A trademark owner who believes its mark is being infringed may file a lawsuit in either state court or federal court for trademark infringement, depending on the circumstances.

If the trademark owner is able to prove infringement in a court of law, the remedies may include, but are not necessarily limited to, the following:

  • A court order (injunction) that the defendant stop using the accused mark;
  • An order requiring the destruction or forfeiture of infringing articles;
  • Monetary relief, including defendant's profits, any damages sustained by the plaintiff, and the costs of the action; and
  • An order that the defendant, in certain cases, pay the plaintiffs' attorneys' fees.

SUPPORTING A TRADEMARK INFRINGEMENT CLAIM

To support a trademark infringement claim, the plaintiff must prove that it owns a valid mark; thus given the plaintiff priority over the defendant's; and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks. These are not simple questions of fact – you need an experienced trademark or patent attorney to handle these complicated legal disputes.

If a plaintiff owns a federal trademark registration on the Principal Register, there is a legal presumption of the validity and ownership of the mark as well as of the exclusive right to use the mark nationwide on or in connection with the goods or services listed in the registration. These presumptions may be rebutted in the court proceedings, which is why experienced legal counsel is important in these types of matters. Possibly losing your valuable trademark would serve to take a considerable amount of money from you and/or your business or corporation – you need experienced legal counsel.

The key factors considered, (at least in most cases), to determining whether there is a likelihood of confusion among consumers, courts consider also include how and where the parties' goods and/or services are advertised, marketed, and sold; the purchasing conditions; the range of prospective purchasers of the goods or services; whether there is any evidence of actual confusion caused by the allegedly infringing mark; the defendant's intent in adopting its mark; and the strength of the plaintiff's mark. These are complicated legal concepts that should only be handled by an experienced trademark lawyer.

TRADEMARK DILUTION

In addition to claiming likelihood of confusion, a trademark owner may claim trademark "dilution," asserting that it owns a famous mark and the use of your mark diminishes the strength or value of the trademark owner's mark by "blurring" the mark's distinctiveness or tarnishing the mark's image by connecting it to something distasteful or objectionable – even if there is no likelihood of confusion – this issues are equally complex and should be handled by those experienced in these types of matters.


Website Builder