Trademark Litigation Lawyers Worldwide.

A Trademark Litigation lawyer manages the legal battle when two brands fight over similar names, logos, or slogans. Their work goes far beyond just arguing in court; they handle the intense “discovery” phase where they dig up evidence of consumer confusion, conduct depositions of marketing executives, and hire survey experts to prove that the opposing mark is damaging your brand. Most importantly, they act as strategic negotiators, often securing a favorable settlement or licensing deal so you can protect your brand without the massive expense of a full trial.

Do not panic, but do not ignore it. You should immediately contact a trademark attorney to evaluate the validity of the claim before you respond. Responding personally with emotional defenses or admissions of guilt can ruin your case later. Your lawyer will determine if the sender actually has “priority” (used the mark first) and whether there is a legitimate likelihood of confusion, then draft a calculated response to either deny the claims or negotiate a “phase-out” period to rebrand quietly.

To win a trademark infringement case, you must prove “likelihood of confusion”—essentially showing that the average customer would mistakenly believe the defendant’s products come from your company. You do this by presenting evidence like similar logo designs, overlapping marketing channels, and actual instances where customers bought the wrong product by mistake. In high-stakes cases, lawyers often commission professional consumer surveys to scientifically prove to the judge that a significant percentage of the public is confused.

Yes, if your brand is considered “famous” (a high legal bar met by brands like Nike or Coca-Cola), a lawyer can sue for “trademark dilution” even if consumers aren’t actually confused. This protects against “blurring” (where your brand loses its uniqueness) or “tarnishment” (where your brand is linked to unsavory products, like an adult film company using a child-friendly brand name). A lawyer uses this powerful claim to stop others from free-riding on the prestige you have built.

A common defense is “Fair Use,” arguing that you are using the word descriptively (e.g., using “sweet” to describe a candy) rather than as a brand name. Another strong defense is “Laches,” where your lawyer argues that the plaintiff waited too long to sue you, implying they didn’t really think your brand was a problem until you became successful. They may also argue the plaintiff’s mark has become “generic” (like “escalator” or “thermos”) and is no longer entitled to legal protection at all.

Litigation is expensive due to the complexity of federal procedures and expert witnesses. In the United States, the AIPLA Economic Survey (2023) estimates that a trademark infringement case with less than $1 million at risk typically costs between $150,000 and $350,000 to take through trial. In the United Kingdom, a case in the Intellectual Property Enterprise Court (IPEC) is generally cheaper, often costing between £50,000 and £100,000 due to caps on recoverable costs that limit legal spending.

Yes, courts can award you three types of money: your actual lost profits (sales you missed out on), the infringer’s ill-gotten profits (known as “disgorgement”), and the costs of the lawsuit. If your lawyer can prove the infringement was “willful” (done on purpose to trick people), the court may award “treble damages,” effectively tripling the final payout as a punishment.