How do you win a trademark infringement lawsuit?
If the trademark owner is able to prove infringement, available remedies may include the following:
- a court order (injunction) that the defendant stop using the accused mark;
- an order requiring the destruction or forfeiture of infringing articles;
What must a plaintiff prove in a successful trademark infringement case?
What must a plaintiff prove in a successful trademark infringement case? Defendant infringed plaintiff’s mark. Defendant used the mark in an unauthorized manner. The use of the mark is likely to cause confusion or deception of the public as to the origin of the services or goods.
How do you avoid trademark trolls?
A proactive strategic filing program is the best way to ward off trolls, seeking registration for all relevant goods and services. Notarized evidence of bad faith has a unique and important probative value before the court.
What damages are available for trademark infringement?
The Lanham Act provides for three categories of damages that the court may award to a successful trademark infringement Plaintiff: (1) Actual Damages, (2) Disgorgement of the Infringer’s Profits, and (3) Attorney’s Fees and Costs. Disgorgement of Profits.
How much can you get sued for trademark infringement?
A plaintiff has the right to file for actual damages, though these may be hard to determine. They may also seek statutory damages of between $1,000 and $200,000 per mark that has been counterfeited.
Can I sue for trademark infringement in federal court?
However, in most cases, trademark owners choose to sue for infringement in federal court. Even when a plaintiff chooses state court, it may be possible for the defendant to have the case “removed” to federal court.
What does it mean to infringe a trademark?
About Trademark Infringement What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What is tradtrademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What are the rights of a trademark plaintiff?
When a plaintiff owns a federal trademark registration on the Principal Register, there is a legal presumption of the validity and ownership of the mark as well as of the exclusive right to use the mark nationwide on or in connection with the goods or services listed in the registration.