Trademark Litigation

Trademark Litigation

Trademark litigation is a legal procedure which resolves the unauthorized use disputes over a trademark that is mostly a word, logo, or phrase identifying a company’s goods or services. In these kinds of cases a trademark owner (the plaintiff) raises a claim against another party (the defendant) who has allegedly violated their trademark rights.

At Freedom IP Firm, our knowledgeable trademark and intellectual property (IP) litigation attorneys take care of complicated brand protection cases, making sure that your business reputation, goodwill, and intellectual property are always protected to the fullest extent.

Primary Claims in Trademark Litigation

Trademark litigation plaintiffs frequently bring one or both claims:

Likelihood of Confusion

This is the most widely known claim brought in trademark lawsuits. The plaintiff says that the defendant’s mark is so alike that it will most probably deceive the consumers. Courts analyze a number of factors, among them:

Strength of the mark:
The stronger marks have less similarity to the defendant’s mark.

Similarity of the marks:
Visual, phonetic, and conceptual resemblances are examined.

Proximity of the goods or services:
Competing markets notably increase confusion.

Evidence of actual confusion:
Real world proof of confusion significantly strengthens the claim.

Defendant’s intent:
The judges will be curious to know if the accused was intending to infringe.

Marketing channels and consumer sophistication:
Overlapping sales methods can lead to greater confusion.

Trademark Dilution

This applies to trademarks that have become famous and offers protection against any type of usage that impairs a brand’s distinctiveness even if there is no consumer confusion.
Blurring:
Using a similar mark makes the quality of the whole category weaker.

Tarnishment:
A brand’s association with low-quality or vulgar products will bring about loss of its reputation. Attorneys for the Freedom IP Firm’s trademark litigation practice group have carried out successfully the process of dilution and confusion in those brands’ favor among others.

The Trademark Litigation Process

Pre Litigation:​‍​‌‍​‍‌​‍​‌‍​‍‌
Usually, the action starts with the sending of a cease-and-desist letter, which is a warning to the violator that their use of the mark must be stopped. The parties may also communicate and come to an agreement on settlement terms at this point.

Filing a Complaint:
When the problem remains unresolved, the plaintiff makes a decision to move up a notch and file a formal complaint with a court of law, which can be either federal or state ​‍​‌‍​‍‌​‍​‌‍​‍‌court.

Discovery:
The parties involved communicate their proofs by sending documents, taking and questioning witnesses (interrogatories), and the like.

Trial:
If there is no settlement, the trial becomes the next stage in which both sides will bring their proofs and present their legal arguments.

Judgment:
The judge announces her/his decision and might provide remedies or reject the claims.

Possible Remedies in Trademark Litigation

In case the court determines infringement, it may offer a variety of remedies:

Injunction:
This is when the court writes a letter ordering the defendant not to use the mark.

Monetary Damages:
Reimbursement for economic losses which consist of profits or royalties.

Enhanced Damages:
Tripled damages for or paid for willful infringement plus attorney fees.

Destruction of Goods:
Taking away and burning of the products that are infringing.

The attorneys at Freedom IP Firm are very efficient and quick in the process of getting reimbursement and acquiring injunctions.

Common Defenses in Trademark Litigation

The defendants can argue a number of defenses including:

Fair Use:
The defendant can assert that the trademark was purely described and not branded.

Laches:
The plaintiff’s delay in suing was so it made the defendant strong and unfair.

Abandonment:
The owner of the trademark failed to apply the mark or maintain it.

No Likelihood of Confusion:
Claiming that the trademarks or markets are distinct enough, thereby confusion will never happen.

Other Related IP Disputes

Trademark disputes are often concurrent with other IP litigation areas such as:

Copyright Litigation:
Copyright is the legal protection of artistic works, including but not limited to visual arts, music, and literature.

Trade Dress Litigation:
It is all about the appearance or the packaging of the product that makes it recognizable as a particular brand.

Unfair Competition:
This refers to a series of dishonest and immoral practices in business that harm either the rivals or the consumers.

False Advertising:
This is about untrue statements which harm the competition or confuse the public.

Freedom IP Firm is able to deal with these intricate legal matters and ensure the protection and enforcement of your brand across all IP arenas.