Frequent question: Can you sue for trademark infringement?

How much does it cost to sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

How do you fight a trademark infringement?

Your lawyer typically will suggest one of five approaches to the demand letter: ignore it, call the owner of the trademark and try to work out a business deal, reply to the letter, sue under the Declaratory Judgment Act or petition the Patent and Trademark Office to cancel the other party’s registration(s).

How serious is trademark infringement?

Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices. … An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.

What happens when you infringe a trademark?

When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the infringing user of the same or similar mark (the defendant) to prevent further use of the mark and collect money damages for the wrongful use.

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How do you win a trademark infringement lawsuit?

What are my options to respond to the suit?

  1. Challenging the claimed trademark;
  2. Denying that the trademark owner has proved infringement;
  3. Asserting a defense to the alleged infringement; and/or.
  4. Negotiating a settlement of the lawsuit by, for example, agreeing to take certain actions to avoid likelihood of confusion.

Can I trademark a name already in use but not trademarked?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

What are the most common defenses to trademark infringement?

The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.

What is the difference between trademark dilution and infringement?

Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a “famous” mark by a third party causes the dilution of the “distinctive quality” of the mark.

What is the punishment for trademark?

Criminal sanctions associated with trademark infringement can attract a prison sentence of up to 10 years or an unlimited fine. Not an insignificant deterrent to a potential offender.