In some instances, it is necessary to harness the court system to protect brands. Trademark litigation is all about protection of brands, and drawing lines between fair and unfair competition. Unchecked trademark infringements can tarnish the value of a brand and siphon away profits. However, overreaching use of trademarks can also be unfair and harm business.
With trademark litigation, the litigants will typically fight about issues of “likelihood of confusion” among consumers. If goods and services are similar, and the trademarks are similar enough, these are core issues in determining trademark infringement. The parties will wrestle with issues of “intent” and crossover in channels of trade and advertising. The parties will also have to deal with issues of the worth of a brand and forming damages models that meet the needs of a particular case. The cases are often expert and discovery intensive. Sometimes, to stop egregious infringements, emergency injunctions will come into play.
We have successfully handled litigation of trademark disputes for nearly twenty years, and have dealt with all of these issues. We have litigated trademark matters against some of the largest companies in the country and against some of the largest national law firms. We are comfortable doing so, and yet our law firm business model allows your business to fashion a measured response with reasonable budgets – without sacrificing quality. We are aggressive advocates for our clients and have a long string of successes for our clients to back it up.
In resolving the issues, by trial, or sometimes by settlement, we will be able to navigate the terrain so your business has its best chance at achieving a successful outcome in the court systems.
If you have a question about a probable trademark infringement, or a have been threatened by allegations of infringement, it is important to seek expert attorney advice quickly. Do not hesitate to contact us for a free initial consultation to see if we will be a good fit for your business.