Trademark Litigation

---

What is a Trademark Infringement Lawsuit

"Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services."

"To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks. When a plaintiff owns a federal trademark registration on the Principal Register, there is a legal presumption of the validity and ownership of the mark as well as of the exclusive right to use the mark nationwide on or in connection with the goods or services listed in the registration."

"If the trademark owner is able to prove infringement, available remedies may include the following:

• a court order (injunction) that the defendant stop using the accused mark;
• an order requiring the destruction or forfeiture of infringing articles;
• monetary relief, including defendant's profits, any damages sustained by the plaintiff, and the costs of the action; and
• an order that the defendant, in certain cases, pay the plaintiffs' attorneys' fees."

If you believe that someone is infringing on your tradmark, it is advisable to speak with a trademark attorney to go over your options, the risks, and guidance before moving forward. We are trademark attorneys and specialize in helping people build, grow, and protect their businesses. 

What is a Trademark Cancellation Proceeding?

Cancellation is when an individual/entity seeks to terminate the registraton of a current tradmark owner. "A cancellation is a proceeding in which a party seeks to cancel an existing registration of a mark. Under the law, a person who believes he will be damaged by the registration may file a petition to cancel."

Common grounds for cancellation are: nonuse, likelihood of confusion, and merely descriptive. 

You should always consult an attorney prior to filing and/or responding to a cancellation proceeding as the risk in not doing so is substantial. 

While there are no per se damages involved, losing a registration is serious as it terminates your ability to claim and use a mark exclusively. 

If you or someone you know are thinking about protecting your/their idea/business, we would be more than willing to assist with all of your trademark needs. 

We are trademark attorneys and specialize in helping people build, grow, and protect their businesses. 

Contact us today for a free consultation. 

https://www.uspto.gov/trademarks-application-process/trademark-trial-and-appeal-board