Can i sue for trademark infringement [Beginner's Guide]

Last updated : Aug 26, 2022
Written by : Kenyetta Vere
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Can i sue for trademark infringement

Who is liable for trademark infringement?

If a manufacturer or distributer intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributer is contributorially responsible for any harm done as a result of the deceit.

How do you get around trademark infringements?

Contact your legal team or go to attorneys who can handle infringements for you as soon as they are discovered. While the legal process may be time-consuming, legal penalties and sanctions can be one way to prevent scammers from further infringing on your trademark.

What is the most common remedy for trademark infringement?

The most common remedy for trademark infringement is injunctive relief. Injunctions are court orders commanding that the infringer immediately cease its unlawful activities.

How serious is trademark infringement?

Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices. Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff.

What is the punishment for trademark infringement?

The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.

What must a plaintiff prove in a successful trademark infringement case?

What must a plaintiff prove in a successful trademark infringement case? Defendant infringed plaintiff's mark. Defendant used the mark in an unauthorized manner. The use of the mark is likely to cause confusion or deception of the public as to the origin of the services or goods.

Is trademark infringement a crime?

Criminal Trademark Infringement — What Is It? Criminal trademark infringement is the unauthorized and illegal use of someone else's trademark to create confusion between the original and another mark. Businesses spend a great deal of time, energy, and money on the trademarks that represent their brand.

What happens if you infringe a trademark?

When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the infringing user of the same or similar mark (the defendant) to prevent further use of the mark and collect money damages for the wrongful use.

What are 3 things that determine trademark infringement?

Thus, "use," "in commerce," and "likelihood of confusion" are three distinct elements necessary to establish a trademark infringement claim.

What are the 8 elements used to determine infringement of a trademark?

In determining the likelihood of confusion in trademark infringement actions the courts look to these eight factors: the similarity of the conflicting designations; the relatedness or proximity of the two companies' products or services; strength of the plaintiff's mark; marketing channels used; the degree of care ...

What do you do if someone uses your trademark?

The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.

Has anyone gone to jail for copyright infringement?

WASHINGTON – A Maryland man was sentenced today to six months in federal prison, to be followed by six months of home detention, for criminal copyright infringement.

What is the difference between copyright infringement and trademark infringement?

The main difference is that a trademark protects the unique identification of a brand or product (e.g. the logo of a brand) and must be applied for, whereas copyright prevents copying, reproduction, or distribution of specific work (such as music, written words, performances, and films) and is gained automatically if ...

Where do I file a trademark infringement case?

A lawsuit against trademark infringement can be filed in the District Court under Section 134 of the Trademark Act, 1999.

How do you prove a trademark is violated?

To establish infringement of a registered trademark, the plaintiff must prove a likelihood of confusion, which generally means that the average consumer of the goods or services at issue would conclude that the goods and services of the defendant originated from or were authorised by the trademark owner.

What is not protected by trademark laws?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

How do I defend my trademark?

  1. Choose a Strong Mark from the Start.
  2. Complete a Comprehensive Trademark Search.
  3. Register Your Trademark with the USPTO.
  4. Police Your Mark.
  5. Consider Registering Internationally.
  6. Maintain Your Trademark.

What are the types of trademark infringement?

  • There are two kinds of Trademark Infringement.
  • Direct Infringement.
  • Indirect Infringement.
  • Direct Infringement.
  • Unauthorized person – this means a person who is not the owner or the licensee of the registered trademark.

Can I get sued for using a trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

Can I sue someone for using my logo?

Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.

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Can i sue for trademark infringement

Comment by Esteban Prestipino

I am trademark litigation attorney Enrico Schaefer and today on five things you need to know we're gonna be talking about five things you need to know about trademark litigation a lot of clients come to us and they say hey I've got a trademark infringement matter I've got a competitor or someone else who's infringing my trademark I want to file a lawsuit but you know what rarely do you ever start out by just filing a lawsuit there's a lot of things that you need to know before you step into court so on today's five things you need to know we're gonna be talking about trademark litigation the first thing you need to know about trademark litigation is that trademark cases are fact-intensive that means that there are very few hard and fast rules about who's gonna win who's gonna lose each case is different there are so many factors that go into the issue of whether or not someone is infringing your trademark that it is impossible to simply tell you what the result is going to be and as we always tell clients one fact can change the result and sometimes those facts don't reveal themselves until you're well into the case so trademark cases are fact-intensive the more facts you get to your trademark litigation attorney the better that attorney is going to be at telling you your odds of winning number two trademark cases can be expensive all intellectual property cases can be expensive patent cases are the most expensive but trademark cases are not far behind how much should you expect to spend if you get involved in trademark litigation typically you're looking at well into the hundreds of thousands of dollars to take a case from beginning to end now now all cases are gonna go from the very filing of the complaint all the way to a jury verdict many cases get resolved along the way and obviously if it resolves sooner you're going to pay less but you need to be able to fund the litigation and you need to be able to handle the legal fees which are going to quickly escalate into the the hundred thousand dollar range once you get into discovery in many instances it's well worth it to litigate your trademarks to protect your marks and extend your brain and the price of Poker is going to be well worth the result you're going to achieve number three tip in the world of trademark litigation you always need a battle plan you need to define the strategy and define the battle plan before you step into court that means you need to get your lawyer the facts let the lawyer research the law to see how they apply to your particular facts in your particular jurisdiction so that the lawyer can get you educated and help you understand exactly what the odds are of winning and more importantly to define a strategy to achieve your specific goals ever even clients goals are different you want a lawyer who's gonna find out what your goals are and to find a battle plan that is going to achieve those goals we always say that the law is a five-lane highway a lawyer can drift back and forth from shoulder to shoulder all day long and it's all legitimate they're still on the road but are they really advancing down the highway and the answer is no a good trademark litigation attorney will have a very defined very detailed battle plan at the beginning of the case before stepping into court all designed to achieve your goals number four you need to understand your case you need to understand the law you're the one that's gonna be making the decisions as you roll forward down the litigation highway you need to be in a position to say yes or no to decide a lot of important issues like how much Discoverer you're gonna do whose depositions are you gonna take what evidence do you have to bring to bear to help your lawyer win without understanding the law you're never going to be able to understand these issues and you're not gonna be much of a help we at traverse legal believe in a very well informed client we demand that you participate we demand that you understand the key legal principle so you can help us win your trademark litigation case number five number five number five is that trademark litigation can take a long time you need to be prepared for the long haul it sometimes takes 12 to 24 months to work your way through a jury verdict and not all cases settle before trial so you need to be committed to the case it's not enough that your lawyer is committed you need to be committed from beginning to end and be prepared to participate it's not only the soft cost of or the hard cost of paying the attorneys but it's the soft cost of time and resources that you are going to expend to help win your case those are our five tips for trademark litigation for the day and we'll see you next time on five tips here at Travis legal

Thanks for your comment Esteban Prestipino, have a nice day.
- Kenyetta Vere, Staff Member

Comment by Lane

So oioi Lang Mai Cho Aiba visits South American

Thanks Lane your participation is very much appreciated
- Kenyetta Vere

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