Although trademark litigation is often considered a niche area of legal practice, it is incredibly important. The distinctiveness and visibility of a company’s trademarks can significantly impact the business’s reputation and market success. Trademark infringement poses a direct threat to this, and companies frequently resort to vigorous legal action, retaining experienced trademark litigation attorneys to protect their marks.
The Importance of Fighting for a Trademark
A trademark is a valuable piece of intellectual property that belongs to a company or an individual. These marks can be any symbol, word, phrase, or design identifying the owner’s products or services, setting them apart from its competitors. If someone uses a trademark without permission, it can harm the company’s or the mark holder’s source of income.
As a result, trademark owners often take legal action to protect their trademarks from infringement, including sending cease-and-desist orders and pursuing trademark litigation if those orders are not followed. That is why, in these situations, trademark owners turn to experienced trademark litigation attorneys to help them with their cases and seek the justice they deserve.
Trademark Infringement: The Main Claims
Typically, in a trademark litigation case, a trademark owner will usually make one or both of the following claims:
The Likelihood of Confusion
Under this claim, a trademark holder will argue that the similarity between their trademark and the defendant’s mark may confuse customers about who provides the products or services in question. To prove this likelihood of confusion, the trademark holder will often have to establish the following factors:
- There is a proximity of competing trademarks. For instance, are they in the same region, and are they related to similar goods or services?
- The similarity of the competing marks
- Testimony regarding customer confusion
Trademark Dilution
Trademark dilution generally occurs when a third party uses a mark or trade name in commerce similar enough to a famous mark to damage consumer perception of the well-known mark. There are two kinds of harm that arise from dilution: “blurring” and “tarnishment.”
The Legal Remedies You Can Pursue in a Trademark Litigation Case
If a trademark owner can establish trademark infringement, they may be able to pursue various remedies, including the following:
- An order that requires the defendant to destroy or forfeit their infringing products.
- An injunction that will help prevent the defendant from using the trademark in the future.
- Financial relief, including compensation for business losses and any profits the defendant made due to the infringing products or services.
However, to win their case and be granted any of these remedies, potential plaintiffs need to understand the required burdens of proof. That is why, for further details about the legal process involved in a trademark litigation case, contact an experienced trademark litigation attorney to evaluate your claim and help you determine the best way to pursue the solution you need.
Contact TM Law Today and Find Out How a Trademark Attorney Can Help You in Litigation
If you want to learn more about trademark litigation or better understand how an experienced trademark attorney can help you, contact TM Law today and go over your questions with our skilled and dedicated legal team.