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What are my options under trademark law if there is infringement?

| Jun 18, 2021 | Intellectual Property Law

New Yorkers who have created a product or service should be aware of the importance of having trademark protection. Failure to do so leaves the individual and the product in jeopardy of being infringed upon and sowing confusion in the market. In some cases, it is a simple mistake that can be rectified relatively easily. In others, there is intentional deception to piggyback on someone else’s ideas and accrue ill-gotten profit. Those who believe they have been victimized by trademark infringement should know the facts and act quickly to address the matter through legal avenues.

Trademark infringement and the options to stop it

Once it is discovered that a trademark is being infringed upon, the trademark owner can file a lawsuit. In general, most of these cases are pursued in federal court. There are various remedies if the trademark infringement is shown to have occurred. The court can issue an injunction. This means that the person or company that is using the trademark must stop doing so. There can be an order that the items that are infringing on the trademark be forfeited or destroyed. The trademark holder can be granted financial compensation for what was lost due to the infringement. Also, the infringing party may be ordered to pay the legal fees of the trademark holder.

There are some cases where a person claims that a trademark has been infringed upon, but the court finds that this is not so. That may result in the other party being allowed to claim the product as their own and do with it what they will. The key to trademark infringement is having a valid mark that was in place first. Those who are said to have infringed could confuse customers as to the origin of the product. Similarity and if the products appear to be related are fundamental aspects of this type of confusion. Assessing allegations of products being too close to one another and sparking misunderstanding in consumers’ minds can be complicated and having experienced assistance may be imperative for a successful case to enforce the trademark.

Protecting trademarks and addressing infringement may require professional help

No matter what product or service is being provided, a trademark is a protective device to avoid it being taken by unscrupulous or unwitting parties. Knowing the basics of trademark law is key. If it is found that infringement has taken place, there are alternatives to hold the violator accountable. Having experienced representation is important and legal guidance can help with these issues.