What Legal Actions Can I Take Against Trademark Infringement?
As trademarks became an important sales tool in the late 19th century, two different protection theories were adopted in the law: trademark infringement and unfair competition. Although modern trademark law was formed in the second half of the 19th century, unfair competition is also on the verge of accepting lawsuits that cannot infringe trademark rights. In the following decades, the courts used illegal competition-related activities to resolve cases that reduced trademark infringement and relied on the principle of unfair competition to ensure more trademark rules.
First of all, it should be said that brands encourage companies to invest in their own brands to prevent others from using them. When an unauthorized person or company uses another company’s brand in a way that misleads consumers, a trademark infringement case occurs. Any company may be liable, intentionally or unintentionally, for using logos, phrases or words similar to other company brands.
Trademark infringement basically means the abuse of trademark as the source of the product. Trademark protection gives companies the right to prevent third parties from using the same trademark, but only if the alleged trademark infringement may cause confusion about the origin of the product.
Filing Suit for Trademark Infringement
To avoid trademark infringement, you need a basic understanding of trademark law, good research and common sense. When selecting trademarks, there are two main factors that affect your situation. The first is the so-called chaotic potential. This is how your average consumer will be confused by two similar brands. The possibility of confusion takes into account the location of your company and the infringing company. If there is a possibility of confusion, this is a serious case of trademark infringement.
When your brand is famous, there will be dilution problems. The dilution method considers everything from the brand identity to the time and length of use of the brand by you and potential infringers.
Legal Remedies for Trademark Infringement Case
Trademark owners can have several legal solutions in trademark infringement cases. Hiring an attorney could help you in this situation. Lawyers can guide you how to file a trademark infringement complaint and how to trademark a word that only belongs to you. Some of the more common remedies for trademark infringement include:
The classic remedy for any dispute is monetary compensation. In trademark infringement cases, damages are a form of legal protection that the plaintiff can resort to. The plaintiff can use the infringing trademark to claim compensation for actual losses, the defendant’s profits and the cost of sales. In some states, the plaintiff can claim criminal damages under state law.
The plaintiff can request the court to issue an order requiring it to stop all copyright infringement activities, including the use of infringing trademarks. Court orders may require the offender to stop selling counterfeit products immediately after a reasonable payment period.
Pay the plaintiff’s legal fees
In some cases, the plaintiff may request and provide the defendant with legal fees and other remedies available to him.
File a lawsuit to court
To file a legal action in the court system, the plaintiff must file a complaint with the court. What should be included in the complaint depends on the type of legal basis you deal with. In general, your complaint should include:
- Proof of your ownership of the respective brands
- The identity of the defendant for trademark infringement
- Disclosure of relevant facts.
It is always a good idea to contact an experienced trademark infringement lawyer as early as possible to ensure that the case is the right legal choice for you. In addition, experienced trademark litigation lawyers can determine which forum is suitable for your situation and prepare your complaint according to specific requirements to complete the selected forum. Trademark lawyers understand all the pros and cons of filing a trademark infringement case and if you are looking for remedies for trademark infringement, they can guide you through the legal system. Trademarks protect your ability to use marks better than any other intellectual property method. When you stop using a trademark, your ability to exercise these rights may be restricted or completely excluded. Maintaining the success of the brand and monitoring the competition goes a long way in keeping the brand strong.