Trademark Infringement
Defense
A trademark owner can assert
their trademark rights in a number of ways. For example,
when a trademark registration application is published
for opposition, someone may allege that the use described
in the registration application would cause a likelihood
of confusion regarding the origin or sponsorship of
the products. In which case a cease
and desist letter may be sent to the applicant,
and then an opposition
proceeding or a cancellation
proceeding may be filed in the Trademark Office.
If the trademark owner is the complainant, a trademark
infringement case may be filed.
Additionally, the launch
of a new product or web site can result in an allegation
of trademark infringement. Even changing to a new
supplier can cause a trademark problem for resellers.
The resulting allegations
can be very serious. A prevailing trademark plaintiff
may receive: (1) the defendant’s profits, (2) any
damages sustained by the plaintiff, and (3) the costs
of the action. Further, an injunction may be issued,
and attorney fees may be awarded. In some circumstances,
the plaintiff may elect to have “statutory damages”
assessed, which can reach into millions of dollars.
Even further, the statute allows for multiplication
of the damages. In some cases, there can be criminal
penalties, too.
Whether you are asserting
a trademark or defending against another’s allegations,
Arnold & Knobloch’s attorneys have the experience
that allows them to recognize the complex nature
of trademark matters. Contact
us to learn how we can help your organization.
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