Trademark Infringement

Are you dealing with trademark infringement

Trademark infringement is no laughing matter. From the Plaintiff’s perspective a trademark lawsuit can result in a recovery of monetary damages under the Lanham Act:

(1) disgorgement of the defendant’s profits;
(2) actual damages;
(3) reasonable royalty;
(4) attorney’s fees in exceptional cases; and
(5) costs. See 15 U.S.C. Section 1117(a). 

This makes a lot of sense when you think of all the damage an infringer can wreak upon a business. In fact, trademark infringement is such a serious offense that a rights owner can elect to recover an award of statutory (rather than actual) damages. The law authorizes courts to award $1,000-$200,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just, and gives courts the ability to increase the range up to $2,000,000 for willful infringement. 

On the flip side, if you’re a new start up company or established business that’s being accused of trademark infringement, not all hope is lost. Understanding how trademarks work and the steps required in an infringement lawsuit are integral to defending and protecting your company. 

Trademark infringement suites must meet the “likelihood of confusion test”. This means that the use of the trademark must be enough that would cause consumers to have confusion as to the source of the product. 

Many factors go into this test such as:
-the strength of the mark
-the similarities of the marks
-evidence of infringement
– and intent.

Whether you are involved or curious about seeking or defending a trademark infringement lawsuit-reach out to our firm for a free consultation. Our firm is dedicated to honest and dedicated help throughout the United States.

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