Trademark Infringement Defense
As part of our Trademark practice, we provide trademark infringement defense litigation services. Receiving a trademark cease and desist letter can be unsettling. The letter claims prior trademark rights and demands you stop use of a mark the company believes it has exclusive right to. A response that is swift and appropriate cannot be underestimated in trademark infringement defense. As part of our trademark services, we provide infringement defense strategies and negotiate settlements, in addition to litigation.
Litigation Defense
Our experienced trademark attorneys evaluate infringement notices and claims for validity and strength. We provide opinions on chances of successful defense as well as other options for dispute resolution. Additionally, help develop defense strategies that align with business goals and objectives while increasing clients' chances of success.
Trademark infringement claims can come in various forms from a cease and desist letter to getting served with notice of a lawsuit. Recipients of infringement claims should quickly seek advice of a knowledgeable trademark attorney that can advise on trademark infringement defense options.
The following are some defenses to trademark infringement claims, including affirmative defenses:
Descriptive Fair Use
Nominative Fair Use
Invalid Mark or Registration
Priority also known as Senior Use
Laches – Delay in Enforcement
Unclean Hands – Plaintiff’s Conduct Forfeited Rights
Misuse of Trademark
Claims
A plaintiff in an infringement case must prove it has a valid trademark, seniority use, and that defendant’s mark is likely to cause confusion, dilution, and/or tarnishment. Since federal registration creates a legal presumption of validity and ownership, a defendant has the burden to prove otherwise.
Plaintiffs in trademark infringement lawsuits can include claims of:
Unfair Competition
Trademark Dilution
Unjust Enrichment
False Advertising
Injury to Business Reputation
Dilution
In addition, a Plaintiff can request a restraining order or injunction to prevent the accused from continuing use of the mark in dispute. This can be extremely disruptive to a business and its operations causing loss of money and reputation. Therefore, it is important anyone accused of trademark infringement seek immediate advice from a knowledgeable intellectual property attorney.
Protection: A Proactive Approach
Laying a strong foundation for the use and registration of a trademark is the best way to avoid a claim of trademark infringement. Our trademark attorneys often work with clients at the early stages of trademark protection. We provide clients with proactive advice during the trademark selection and prosecution process to help avoid or minimize the chances of being on the receiving end of a trademark infringement claim. However, trademark registration and proper planning do not always create immunity from a claim of trademark infringement.
When issues arise and valuable trademark rights are at stake, having experienced trademark attorneys and litigators in your corner is important. Our attorneys have handled all types of trademark infringement and dilution cases that span various industries. We are well-versed in the best ways to approach trademark infringement claims no matter how large or complex the case. We assess the potential risks and rewards of disputes and provide creative solutions that align with our clients’ goals and needs.
Litigation
While receiving a notice of alleged trademark infringement can be intimidating, a diplomatic response can sometimes defuse infringement claims before they reach the litigation stage. Most trademark disputes do not reach the courtroom steps. However, if negotiation is unavailing, our attorneys have the necessary experience to defend a client's trademark rights in a trademark infringement lawsuit in federal or state court. Early assessment and proactive measures can be key in reaching a favorable and cost-efficient resolution. Being prepared can be the best trademark infringement defense.
When faced with a trademark litigation, our trademark attorneys can help a client consider its options and potential defenses. We work with clients to formulate an effective and efficient defense strategy. We do not necessarily aim for either success through settlement or through court judgment. Rather, our trademark attorneys fight for the outcome that best suits our clients’ interests. Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page, including Trademark Litigation, Trade Dress Litigation, Domain Name Litigation, and Unfair Competition Litigation.
Additional Insights
For more information on software indemnity, see our Legal Insights and Industry Solutions pages.
