February 18, 2021
Your company’s trademark is a highly valuable asset, and the success of your business can balance on your control and enforcement of your trademark protection. No matter how clear a trademark might be, however, some parties might try to infringe on your trademark rights. This can result in confusion among the public and loss of profits for your brand. It is likely in your best interests to determine whether trademark litigation is necessary to stop the infringement and ensure your company’s right to its mark.
Whether you believe that someone is infringing on your company’s trademark or your company has been accused of infringement, it is essential to discuss the matter with a Birmingham trademark litigation lawyer. If this type of issue is not handled properly, it can result in unnecessary losses or liability. Contact us at Maxwell Goss Law today.
Trademark infringement might seek obvious, though you would be surprised how technical it can be to prove that someone infringed on your rights. First, our lawyer can review your situation and determine which claim might be appropriate. We handle many trademark-related cases, including:
If we determine that one of the above has occurred in regard to your trademark, we will likely begin the process by drafting a persuasive cease and desist letter. Sometimes, this is adequate to stop the infringement, especially because the other party might not even be aware they have infringed under the law. However, if the party fails to stop their conduct, we can initiate litigation by filing a complaint with the appropriate court.
There are different elements required to prove a trademark infringement claim. First, you must demonstrate that you have registered an active trademark or – if you do not have a registration – that the mark is yours and it is protectable by law. One benefit of registration is that it makes this step of litigation simpler.
Next, you must show that the mark used by another party was substantially similar to your trademark and that their use was likely to cause confusion in the market and among consumers. If two companies use a similar mark yet operate completely different types of business in different areas of the country, it is not likely to cause confusion, and your case might not be successful.
If you are seeking damages, you must prove the nature of your losses, as well as whether or not the infringement was willful (when applicable). Our legal team knows how to present evidence to prove a valid trademark claim on behalf of companies in the Birmingham area, contact us today for more information.
February 18, 2021
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