Trademark Infringement

Trademark infringement.  Trademark infringement is the unauthorized use of a trademark or service mark that is likely to cause confusion about the source of the goods or services.  Under federal law, a cause of action for trademark infringement is governed by Section 2(d) of the Trademark Act (15 USC Section 1114).

A trademark owner that believes that its mark is being infringed may bring a cause of action for trademark infringement in U.S. federal court.  If the trademark owner is successful in proving infringement, the remedies available to it may include the following:

  • a court order that the infringer stop uses its mark
  • an order that the infringer destroy its merchandise bearing the infringing mark
  • monetary damages
  • attorney's fees

Trademark infringement test.  The various factors that courts consider in determining whether a likelihood of confusion exists for a finding of infringement include:

  • similarity of the parties' marks
  • similarity of the goods or services
  • similarity of trade channels
  • sophistication of the purchasers
  • strength of the plaintiff's mark
  • evidence of actual confusion
  • the nature and extent of similar third-party mark
  • likelihood of the senior user bridging the gap

Not all of the above factors are inclusive.

Checklist.  If your company is a trademark owner, or has received a cease and desist letter or a complaint for trademark infringement, you may speak with James Hastings to discuss the options available to you to bring or defend your case.

Connecticut trademark lawyers representing Parfums de Coeur Ltd. have filed a case against Victoria’s Secret Brand Management and its parent company Limited Brands Inc., alleging trademark infringement and other causes of action for Victoria’s Secret use of the trademark VS Fantasies and Victoria’s Secret Fantasies for among other things, eau de parfum.  The case, Parfums

When I first started playing baseball at the age of 5, my coach started with the basics.  Sure, I saw plenty of games on TV, but playing and watching require two different skill sets.  Want to play on the trademark field?  Then it’s best to start with some fundamentals!

A trademark is any word, symbol, design, tagline

In the market for a trademark law firm?  Keep it simple by thinking like a consumer and try to find the best quality lawyer or trademark law firm at the most competitive price.  In choosing a trademark lawyer, be mindful to take into account the following factors:

  • What is their trademark clearance and prosecution experience

U.S. Trademark Counsel LLC, a trademark protection law firm, is pleased to introduce its “Trademark Litigation Basics” series.  Trademark Litigation Tips is specifically tailored to general counsel and outside counsel of consumer product companies who seek general knowledge and information regarding their trademark infringement cases.

Trademark Litigation Basics is a valuable resource for attorneys without specific training in trademark law

Trademark law is primarily federal in nature and is governed by the Trademark Act of 1946 and its various amendments, also known as the “Lanham Act.”takes into account several criteria in determining whether a trademark is available for use and registration.  In conducting a search to determine the availability for use and registration of a

It’s a known fact:  many brand owners think that “trademarking” a product or service is deceptively simple. This and other common mistakes about trademark rights  tends to create confusion and greater risk to those companies who do not have a working knowledge of the basics of trademark law.  Keep in mind the following miconceptions that can create major problems for you and

An opposition proceeding is commenced by filing in the Office a timely notice of opposition with the required fee. The notice must include proof of service on the applicant, or its attorney or domestic representative of record, at the correspondence address of record in the Office, as detailed in §§ 2.101(b) and 2.119.

Any

Many of us learn best through the use of memory devices known as mnemonics. So in honor of all you Scrabble ® fans out there, here is a “G-R-E-A-T” way to interview and select a trademark lawyer to represent your legal interests before the Trademark Trial and Appeal Board:

“G” is for Geography.   Since trademark