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Help Tackle Law in Trademark Litigation

A trademark infringement lawsuit is a formal legal action taken by a trademark owner against another party believed to be using a confusingly similar mark. The core of the lawsuit is the argument that the unauthorized use is likely to cause confusion among consumers about the source or sponsorship of the goods or services. The goal is to stop the infringing activity and, in many cases, to recover financial damages caused by the unauthorized use of the brand’s valuable reputation.

Courts offer several remedies to a trademark owner who successfully proves infringement. The most common is an injunction, which is a court order that forces the infringing party to stop using the mark. A court may also award monetary damages, which can include the trademark owner’s lost profits or the profits the infringer made from using the mark. In cases of willful infringement, these damages may be increased. Other remedies can include the seizure and destruction of counterfeit goods.

There are several established defenses against a claim of trademark infringement. A common defense is fair use, where the mark is used in good faith for its descriptive meaning, not to indicate a source (e.g., describing a product as “sweet”). Another defense is parody, using the mark for commentary or criticism. A defendant might also argue that the plaintiff’s trademark is not legally valid or that the plaintiff waited too long to file the lawsuit, a defense known as laches.

When a trademark owner needs to defend their brand, the legal process begins with the filing of a formal complaint. This step initiates the discovery phase, a crucial period where both sides exchange evidence and testimony. As the case progresses, attorneys may file various motions to resolve specific issues. While the dispute can ultimately proceed to a trial, it is important to know that most cases are resolved beforehand through a mutual settlement.

Yes, you can. Rights in a trademark are established through use in commerce, not just through registration. These are often called “common law” rights. While a registered trademark provides stronger, nationwide protection and additional legal benefits, an owner of an unregistered mark can still sue for infringement under the banner of unfair competition. However, the owner will have to prove their rights are valid and geographically limited to where the mark is actually used.