Trademark Infringement

As a technology litigation and intellectual property lawyer, one of my specializations is trademark infringement suits. Whether you’re looking to sue a third party for trademark infringement, or you need to defend against a trademark infringement lawsuit, TBillick Law PLLC can help.

About My Trademark Infringement Services

You have experienced trademark infringement if a third party uses your trademark without your authorization in a way that leads to a “likelihood of consumer confusion.” What do we mean by this? When there is a likelihood that consumers will mistakenly confuse the origin of your products or services. Important note: proving actual consumer confusion is not necessary to prevail in a trademark infringement suit. Courts account for several fact-specific considerations to determine whether a likelihood of confusion exists. For example, federal courts in the Ninth Circuit Court of Appeals utilize the following factors:

(1) strength of the mark(s); (2) proximity or relatedness of the goods; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels; (6) degree of consumer care; (7) the defendants’ intent; and (8) likelihood of expansion. Network Automation, Inc., v. Advanced Sys. Concepts, Inc., 638 F.3d 1137, 1145 (9th Cir. 2011) (citing AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348–49 (9th Cir. 1979)).

Finding yourself in a brand-related battle means you need the experience of a trademark infringement attorney like myself to help you navigate the next steps. In addition to the many cases I have handled in the past, I currently represent several defendants against the Canadian government’s allegations of trademark infringement.

Why Are Trademark Infringement Services Important?

It is important to know when your trademark rights have been violated so you can protect your goods and services and maintain the legitimacy of your brand. Your trademark essentially allows you to prevent unauthorized usage of that trademark, as well as “confusingly similar” derivatives of it.

As a brand owner, it is required by law that you “police your mark” in order to hedge against arguments (1) that you’ve granted an implied license for others to use your mark; or (2) you’ve abandoned your trademark. You are not required to sue every possible infringer, but it is important to demonstrate that you will take action if you discover another person using a mark that is too similar to yours.

How similar is too similar? Excellent question. Before you ask a judge, I suggest working with an experienced trademark lawyer like myself to learn the best way to address potential risks and implement business strategies with your trademark. Not all risks can be eliminated. Bad people will do bad things. But you need to develop a plan of action.

How Can My Trademark Infringement Services Benefit You?

All business owners need protection against trademark infringement. Any valuable product, idea, concept, or service worth having is worth replicating. Having a trademark is essential but having legal counsel to address infringement is even more pertinent. The penalties for violating a trademark will vary depending on the degree of infringement. Bear in mind that the USPTO will not enforce trademarks, and these marks are not self-enforcing in nature.

It is also useful to place an infringer on “actual notice” of the infringement, as that will become highly relevant if you choose to seek enhanced damages. On the most aggressive end of the spectrum, you’ll file a lawsuit in a federal district court or with the Federal Trade Commission. On the least aggressive end, you can send an email or message kindly asking the infringer to stop (in my experience, I haven’t seen the latter work very well). All that said, a cease-and-desist is normally the first step to negotiating an ideal arrangement for both parties, particularly because trademark litigation can be quite involved. If the infringer is infringing on an online marketplace like amazon.com, ebay.com, Alibaba.com, and/or Walmart.com; it normally makes sense to utilize their respective takedown procedures as well.

Every scenario is different, and every platform has intricacies that can be frustrating unless you’ve navigated them before. I will work closely with you to tailor my legal solutions to your needs in trademark protection and counseling.

Why Choose TBillick Law PLLC For Trademark Infringement Services?

Maintaining your brand’s integrity could necessitate going to court. I have years of experience representing both defendants and plaintiffs in trademark cases. My firm has handled countless trademark infringement cases and would be happy to help you protect what is rightfully yours.

Call (206) 494-0020 or send an email to consult about trademark infringement services.

References:

  1. AMF, Inc.. (n.d.). Retrieved April 1, 2022, from https://cyber.harvard.edu/metaschool/fisher/domain/tmcases/amf.htm