What happens if you accidentally infringe a trademark?
If someone is using your trademark without your permission, they are committing trademark infringement. Not only can an unauthorized user be sued by the trademark owner, but certain unauthorized activities can lead to fines and prison penalties.
What is the punishment for breaking trademark laws?
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.
Is trademark violation a crime?
Criminal trademark infringement is the unauthorized and illegal use of someone else’s trademark to create confusion between the original and another mark. These laws also help protect consumers from deliberate brand confusion created by illegal trademark use.
What are the damages 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 do you prove trademark infringement?
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …
How much does trademark infringement cost?
Trademark infringement lawsuits can cost on average anywhere between $120,000 to $750,000 depending on the complexity of the case. During the pendency of the lawsuit, you are responsible for paying your Attorney’s monthly bills.
How long does trademark protection last?
In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
What is not infringement of trademark?
If the mark is used with the authorisation of the holder of the registered trademark, it does not constitute infringement. Identical or deceptively similar: The trademark used by the unauthorised person needs to either be identical to that of the registered trademark or deceptively similar to it.
How do you fight a trademark infringement?
What happens if someone sues you for trademark infringement?
What will happen if someone sues me for trademark infringement. A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.
What happens if you accidentally break copyright law?
If you break copyright law – even by accident – you can face large fines and even imprisonment. What is copyright law? Knowing what copyright law covers is essential for any business looking to use materials created by other people or businesses.
What are the remedies for trademark infringement in the UK?
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;
How can I protect my trademark?
There are three ways a trademark can be protected under U.S. laws. The most powerful way to protect a trademark is to have it registered at the federal level. You do this through the United States Patent and Trademark Office (the “USPTO”). Federally registered trademarks create a legal presumption.