Trademark infringement can significantly impact your business, dilute your brand, and cause potentially devastating financial losses. Understanding how to protect your intellectual property and take legal action when necessary is crucial for maintaining your market position and brand integrity.
What is Trademark Infringement?
A trademark can be any word, phrase, symbol, or design that identifies your goods or services as your own. Trademark infringement occurs when an unauthorized party uses your mark—or a confusingly similar one—in commerce. Simply put, unauthorized use becomes trademark infringement when it creates confusion about the source of goods or services.
The Lanham Act is the primary federal statute governing trademarks in the United States. It defines infringement and provides legal remedies for trademark owners whose rights have been violated. Trademark infringement is a serious offense that can result in severe financial penalties, and in the most severe cases, imprisonment.
What Are Your Options if Your Trademark Has Been Misused?
If you believe your trademark has been infringed, you have several options. The first step is often sending a cease and desist letter to the infringing party, demanding they stop using your mark. This letter should outline your trademark rights and document specific instances of infringement. The more detailed the documentation, the stronger and more persuasive your position.
If the cease and desist letter doesn’t resolve the issue, you may need to consider filing a trademark infringement lawsuit. But before proceeding with legal action, it’s advisable to consult with an experienced intellectual property attorney to evaluate the viability of your claims and discuss potential strategies.
How to Bring a Trademark Infringement Claim
The process of bringing a trademark infringement claim involves several key steps––beginning with gathering evidence. Document all instances of infringement, including screenshots, product samples, and any communications with the infringing party. Throughout the process, be prepared to demonstrate your ownership of a valid, protectable trademark, the offender’s use of the mark, and the likelihood of confusion caused by the offender’s use of your mark. Likelihood of confusion is typically evaluated using factors such as the strength of your trademark, similarity to your trademark, and evidence of actual confusion by consumers. Speaking with an attorney can help you determine what information to gather and develop a strategy to protect your brand.
Once you have gathered your evidence, an experienced trademark attorney can draft and file a complaint in the appropriate federal district court. The complaint should thoroughly detail the basis for your claim, outlining your trademark rights and explaining how the defendant’s actions constitute infringement. After filing, the defendant must be formally served with a copy of the complaint and a summons to appear in court. If the case proceeds to trial, both sides will present evidence and arguments to prove or disprove infringement.
If your claim is successful, the court may grant various remedies, including:
- Injunctive relief: An order for the defendant to stop using your mark.
- Monetary damages: Compensation for losses due to the trademark infringement.
- Defendant’s profits: In some cases, you may be awarded the profits the offender made from infringing on your trademark.
- Attorneys’ fees: In “exceptional” cases, the court may award reasonable attorneys’ fees.
It’s also important to note that under 15 U.S.C. § 1117, the court may increase the award up to three times the amount of actual damages in cases involving counterfeit marks.
Conclusion
Bringing a trademark infringement claim requires careful preparation and a thorough understanding of trademark law. While the process can be complex, taking action to protect your trademark is essential for maintaining your brand’s value. If you have any questions about protecting your trademark, consult with one of our experienced IP attorneys.
Contributions to this blog by Alon Sanders.
