Los Angeles Trademark Infringement Attorney
Looking for the right Los Angeles Trademark Infringement Attorney?
Our Trademark Infringement practice is focused on helping clients throughout California with a variety of issues related to trademark disputes, litigation, and infringements across multiple fields and industries.
Every day in California and throughout the nation, trademark infringement occurs. Trademark infringement is the phrase used when another individual or business makes unauthorized use of a trademark or servicemark belonging to a business or entity. Trademarks are protected by federal law and state law. Whether an infringement lawsuit is successful will depend on whether the use of the mark causes a likelihood of confusion in the consumer marketplace. Getting a trademark infringement attorney to help to assess the extent of the infringement is critical.
What Can a Victim of Trademark Infringement Do?
A trademark owner may file a lawsuit in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
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;
- monetary relief, including defendant’s profits, any damages sustained by the plaintiff, and the costs of the action; and
- an order that the defendant, in certain cases, pay the plaintiffs’ attorneys’ fees.
Conversely, a court may find instead that (1) you are not infringing the trademark, (2) a defense bars the plaintiff’s claim(s), or (3) other reasons exist why the trademark owner is not entitled to prevail.
What Is Considered Infringement?
Generally, the court will consider evidence addressing various factors to determine whether there is a likelihood of confusion among consumers. The key factors considered in most cases are the degree of similarity between the marks at issue and whether the parties’ goods and/or services are sufficiently related that consumers are likely to assume (mistakenly) that they come from a common source. Other factors that courts typically consider include how and where the parties’ goods or services are advertised, marketed, and sold; the purchasing conditions; the range of prospective purchasers of the goods or services; whether there is any evidence of actual confusion caused by the allegedly infringing mark; the defendant’s intent in adopting its mark; and the strength of the plaintiff’s mark.
The particular factors considered in a likelihood-of-confusion determination, as well as the weighing of those factors, vary from case to case. And the amount and quality of the evidence involved can have a significant impact on the outcome of an infringement lawsuit.
In addition to claiming likelihood of confusion, a trademark owner may claim trademark “dilution,” asserting that it owns a famous mark and the use of your mark diminishes the strength or value of the trademark owner’s mark by “blurring” the mark’s distinctiveness or “tarnishing” the mark’s image by connecting it to something distasteful or objectionable-even if there is no likelihood of confusion.
An experienced trademark attorney, taking the particular circumstances of your case into consideration, should be able to provide you with an opinion as to the validity and strength of a trademark owner’s claims.
Seeeking a Los Angeles Trademark Infringement Attorney?
AXIS Legal Counsel offers trademark infringement legal services to a wide variety of clientele that have been the victims of trademark infringement and need a trademark infringement attorney. If you are in need of legal assistance from a Los Angeles trademark litigation attorney, contact Axis for a confidential no-risk and no-charge consultation at firstname.lastname@example.org or (213) 403-0130.
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– Managing Attorney Rabeh M. A. Soofi
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