Los Angeles Trademark Litigation Lawyer

 

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Axis Legal Counsel’s Trademark Litigation Practice
Represents Clients Throughout California

Los Angeles Trademark Litigation Attorney Lawyer

A trademark is not simply a word or symbol – it is the embodiment of a company’s reputation, brand and business. Whether initiating trademark litigation on your behalf or defending a lawsuit brought against you,  AXIS can help.

AXIS represents clients seeking an attorney for trademark litigation, trademark defense, trademark protection,  trade name or trade dress infringement actions. Trademark litigation can arise in the fields of advertising, branding, trademark and trade dress fields.

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What is Trademark Litigation?

Trademark litigation is the term given to a legal proceeding, dispute, or controversy that involves a trademark. Trademark litigation can take place in federal or state courts, or before the U.S. Trademark Trial and Appeal Board. If a trademark litigation action is successful, the outcome can involve a temporary restraining order, preliminary, and permanent injunctive relief.

We can assist clients in handling all phases of trademark litigation, including applications for emergency injunctive relief (temporary restraining orders, preliminary injunctions and seizures), declaratory judgment proceedings, trials and appeals.

Trademark Oppositions

A trademark opposition is a proceeding in which a party seeks to prevent another party from registering a trademark that is pending before the USPTO.  Every year more than 16,000 requests for an extension of time to file a trademark opposition are submitted to the Trademark Office and over 5,000 trademark opposition proceedings are commenced.  The procedures for trademark opposition cases may be found in the Trademark Board Manual of Procedure, a voluminous work that contains rules, regulations, and processes that must be strictly followed by all litigants and attorneys involved in a trademark opposition proceeding.

Trademark Infringement Litigation

In order to prove infringement, a plaintiff must first show that it has developed a protectible trademark right in a trademark. The plaintiff must then show that the defendant is using a confusingly similar mark in such a way that it creates a likelihood of confusion, mistake and/or deception with the consuming public. The courts in the United States have established factors to determine if there is a likelihood of confusion including the following and variations of them:

  • The strength of the mark;
  • the degree of similarity between the marks;
  • the geographic and market proximity of the products;
  • the likelihood the prior owner may one day enter the market of the subsequent owner;
  • actual consumer confusion;
  • defendant’s bad faith in adopting the mark;
  • quality of the defendant’s product; and
  • the sophistication of the buyers

Remedies for Trademark Litigation and Infringement

The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. If the mark was federally registered, attorneys fees may be available to the plaintiff. Monetary damages are available under the Lanham Act, but rarely awarded. Some considerations in deciding whether to file trademark suit:

  • plaintiffs present evidence of actual confusion;
  • whether the offending user is using the mark to sell similar goods;
  • whether defendant used the mark in commerce; and
  • whether the mark was federally registered.

Why is Trademark Litigation Necessary?

A company’s identity, unique service, and business brand is one of its most important assets. Business names, symbols, phrases, logos, and other distinctive trademarks are generally developed at great time and expense. Thus, trademarks are extremely important and valuable to the majority of all entrepreneurs, start-ups, and small businesses that provide a product or offer a service.

These business names, symbols, phrases, logos, and other distinctive designs may function as a trademark as long as the trademark is used in commerce to distinguish a good or service associated with that trademark, from the goods or services of another individual. By federally registering a trademark with the United States Patent and Trademark Office (USPTO), this will provide certain legal protections to the registered trademark that would otherwise be unavailable. A trademark represents the company’s identity, unique service, and business brand, thus a trademark can achieve enormous value that would be foolish not to fully protect.

What if No Trademark Application is Filed or Registered?

Unless a business registers its trademarks, a latecomer business or entrepreneur may seek to obtain a state or federal registration of the trademark and block both the expansion and use of the trademark and any later attempt to register it.  If a business properly selects a trademark, conducts a thorough trademark search, identifies the appropriate trademark classification, and registers its trademark with the USPTO, the USPTO will automatically reject the application of the latecomer attempting to register the same or confusingly similar mark, and the trademark rights of the business or entrepreneur most always always be superior to the latecomer.

AXIS Legal Counsel offers legal services to a wide variety of clientele in need of a trademark litigation lawyer.  If you are in need of legal assistance from a Los Angeles trademark litigation lawyer, contact Axis for a confidential no-risk and no-charge consultation at info@axislegalca.com or (213) 403-0130.

What are the Fees for Hiring a Trademark Litigation Lawyer

Many clients frequently wonder whether it is affordable to hire a trademark litigation lawyer to assist with their trademark dispute. We generally handle trademark litigation matters on a project-based basis, by which flat fees, budgets, and other predictors of fees are used. In many litigation matters, we can handle all tasks that originate out of our side, and not the opposing side, on a flat fee or budgeted basis. Obviously, it is not possible to budget all costs and expenses, or attorneys fees, as a litigation proceeding will require you to respond to a variety of actions taken by the other side. However, we make every effort to provide as much protect ability and fees as possible, as we are sensitive to the concerns of attorneys fees and costs by clients.

Should You Hire a  Trademark Litigation Lawyer to Represent You?

Clients also ask frequently whether a trademark litigation dispute is the type of thing that they would need an attorney for. In some kinds of cases, such as small claims matters, it is possible to represent yourself, and do fine. For example, in small claims court, attorneys are not allowed and the litigants represent themselves. Trademark proceedings are not like this. Trademark litigation proceedings are some of the most convoluted and technically complex of all types of lawsuits. There are special rules that govern procedure, the submission of evidence, and admitting proof in support of your claims, or in defense of your mark. Also, if you are in a trademark dispute with a much larger company, then representing yourself will generally not be a good idea, because the playing field will not be level at all. For trademark litigation matters, we always recommend that clients obtain legal advice protect their interests and their mark.

Need More Information?

NeedtoChatIf you are thinking of getting an attorney to assist you with the business litigation matter, and are not sure which law firm is best, contact us today for a no risk and confidential consultation. Our telephonic consultations are 100% free, and in a few minutes you could have peace of mind as to how we might be able to assist you deal with the business litigation matter facing you or your business.

For information on retaining AXIS Legal Counsel to represent your business in connection with any legal matter, contact info@axislegalca.com or call (213) 403-0130 for a confidential consultation.

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INTELLECTUAL PROPERTY PRACTICE AREAS

  • Copyrights
  • Copyright Applications
  • Copyright Litigation
  • Copyright Infringement
  • Copyright Registrations
  • Domain Name Disputes
  • Intellectual Property
  • Intellectual Property Transactions
  • Intellectual Property Law
  • Intellectual Property Litigation
  • Intellectual Property Infringement
  • Licensing
  • Merchandising Transactions
  • Misappropriation
  • Patents & Inventions Assignments
  • Trademark Applications
  • Trademark Infringement
  • Trademark Litigation
  • Trademark Registrations
  • Trade Name Litigation
  • Trade Secrets
  • Trade Secret Theft
  • Unfair Competition</div>

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Our Awards and Accolades

Axis Legal Counsel’s legal experience has consistently been recognized for excellence in legal services, and has been rated or ranked by Avvo, SuperLawyers, Euromoney’s Definitive Guide to Leading Litigation Lawyers & Law Firms, Los Angeles Magazine, and others.

Recognitions:

  • “Superb” Rated by Avvo.com (2011, 2012, 2013, 2014, 2015, 2016)
  • Lawyers of Distinction  (2016)
  • Superlawyers – Rising Stars (2013, 2014, 2015) – Top 2.5% of Attorneys in the State
  • “Top Attorneys – Los Angeles Magazine (2013, 2014, 2015)
  • “Up and Coming Attorneys” (2010)
  • Euromoney’s Definitive Guide to Leading Lawyers and Firms (2009)

Awards:

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Read our Reviews

Thank you for your excellent counsel. We feel so lucky to have met you and intend to have a long and prosperous relationship with you and Axis Legal.

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So grateful I found Axis this year and want to thank you again for your amazing representation this year when I was closing my development deal for my series.

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Thank you again for everything!! You are a reminder that there still are great people in this world 🙂

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I am a serial entrepreneur in Los Angeles and have hired over 20 law firms for my diversified companies within the last decade. Ms. Soofi has provided better council than any full service international law firm I have retained. She provides aggressive professional services and makes me feel comfortable throughout the legal process. She has a diversified skill set encompassing (but not limited to) litigation, IP, entertainment, corporate compliance, HR, Private equity and venture capital. Ms. Soofi has high ethical standards and makes paying for legal services transparent and frictionless. I feel very fortune to have met her and I look forward to a long term professional relationship. I can't speak highly enough of her and I recommend her to anyone with high standards.

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Thank you again for everything you've done for my family and me! You are a blessing in our lives. I wish you all the best...

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Rabeh – you are the best. These revisions are just right and I appreciate your responses to my questions below – I feel a lot more comfortable sending this across. Our many thanks to you for all your counsel.

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Rabeh, Thank you very much for helping with this contract. Your analysis and explanation made it much easier for me to feel comfortable with the contract. I will certainly not hesitate to call on your services should I so need them, or to recommend them to others in need. Once again, thank you.

Thank you for your time, understanding and diligence in this matter Rabeh, as well as explaining things to me in detail along the way. I truly appreciate it, and will contact you whenever we need revisions or legal help in the future.

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Rabeh, Thank you for helping me with all my past legal challenges. You are the best (and smartest) attorney I’ve ever met! Im so grateful for you 😉

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Rabeh, I must say that we’ve been very impressed with your work and so very grateful for this outcome. We value your professionalism and have been delighted by your attitude and your masterful efforts on our behalf!

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Dearest Lawyer Soofi, Thank you so much for your HARD work and effort. You are an awesome lawyer I've ever meet. Thank you again.

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Ms. Soofi, I appreciate you from the bottom of my heart and soul and thank you very much for your patience and your wonderful service, through these months with us. I mostly thank you very much for your caring personality!

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Rabeh, I cannot thank you enough for the extremely thorough and thoughtful insights you’ve provided. I am so glad we sought out your counsel in this matter...

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Rabeh, you are an amazing attorney. Thanks so much for representing me.

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Gave up hope there for a second on it - Thank you Rabeh for really fighting for me!

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Rabeh, thank you again for your brilliant review and comprehension of this incredibly complicated matter. Thank you also for explaining it clearly to me. I will take all these items you've mentioned into consideration. Thank you so much. I can't thank you enough.

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Ms.Soofi Is a great Attorney. She has been instrumental in helping my family solve our legal troubles. Her knowledge and expertise provided a swift resolution to our inquiry. I would highly recommend Ms. Soofi because she is fair-minded and cares about her clients.

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This attorney deserves a ten-star rating. I have never met such a super lawyer, who is very compassionate, diligent, and knowledgeable in her fields. She delivers results effectively and promptly. Our HOA complex had been ridden with corruptions over 20 years, and it was God's answers to our prayers to find Ms. Soofi to help us fix all these corruptions and guide us to fire the former management company, which managed our complex for over 20+ years, and had been leaching on our association's funds and left our complex at the worst shape F- condition. We are very thankful to Ms. Soofi for her legal guidance and to assist us in correcting all legal issues that we are facing.

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I found Rabeh to have a knowledgeable understanding of the laws as she was able to clearly explain to me how best to proceed and what the options were. Rabeh is one of the few lawyers I have worked in the past that really listens and you feel has your best interests in mind. She clearly has compassion for clients, and is honest in a way that I have never had prior lawyers be with me. I was happy with the outcome and recommend her highly.

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Fantastic lawyer. I hired her to help with a legal matter involving an entertainment dispute with an independent label. It was ugly and emotional because it became clear we were totally taken advantage of by the other side. Rabeh is great at what she does and beyond that, a decent person with a lot of compassion. I wish there was a way to give 10 stars.

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Rabeh ended up obtaining a settlement figure 4-5 times higher than the previous firm i hired. She was professional, tactful, genuine, and SUCCESSFUL. I highly recommend Rabeh for your legal advocate.

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Rabeh was there for me every step of the way. She made everything simple and as stress free as she could, and transferring to her was far easier than i imagined. My case was a challenge, but it had depth and meaning and Rabeh recognized this early on. She is not just an attorney who comes in to argue the technical legalities, she is a true advocate.

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Once I hired Rabeh my life became more easy. She showed a great compassion and was far greater than many attorneys I spoke with. She's one of those attorneys that when you get a bill you feel she undercharged you. The end. She's worth it.

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I am so happy we found Attorney Soofi. She is maybe the most honest and hardworking person I ever hired. She was kind and has a huge heart and I feel like we have a protector for life. I never had anyone stick up for me and my rights as much as she did.

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Rabeh is hands down, an amazing lawyer. She was hired to help us with an entertainment business company, and I have to say - I have never met a more honest, trustworthy, and knowledgeable lawyer.

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Rabeh is one of the few lawyers I have worked in the past that really listens and you feel has your best interests in mind. She clearly has compassion for clients, and is honest in a way that I have never had prior lawyers be with me. I was happy with the outcome and recommend her highly.

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Wonderful lawyer. Honest and actually cares about the people she represents above all else. Very please and happy I found her!

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Rabeh is really excellent at knowing the law and explaining it in a very easy to understand manner. I have no experience with the legal industry, and I am very thankful that i found her because I have heard there are a lot of bad lawyers out there who can really take advantage of you.

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Rabeh is without a doubt the best lawyer I have ever hired. She is extremely smart, aggressive, and compassionate. So relieved and happy we found her.

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Rabeh is a godsend. She is aggressive and fights for clients. She helped me with my case and took care of me from A to Z. Cannot recommend highly enough!!!

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I have had the great pleasure and privilege of using the services of this amazing attorney. The entertainment business is a layered and nuanced industry and I cannot think of a better person to maneuver in this complex field.

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Serving the LA Metro Area and Throughout California

AXIS represents clients seeking a trademark litigation attorney throughout California as well as in the Los Angeles metro area.  With client locations available in West Los Angeles, Beverly Hills, Burbank, Orange County, Encino, Glendale, Los Angeles, Pasadena, Santa Monica, Torrance, West Hollywood, and Woodland Hills, using AXIS to meet your company’s needs is convenient and accessible.

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Our Service Areas

  • Los Angeles County
  • Orange County
  • Downtown Los Angeles
  • Beverly Hills, Hollywood, West Hollywood, Pacific Palisades, Malibu
  • Santa Monica, Brentwood, Century City
  • Marina Del Ray, Culver City, Playa Del Rey, Palms, Mar Visa
  • Hancock Park, Central Los Angeles, Larchmont
  • Koreatown
  • Pasadena, Altadena, South Pasadena, San Marino
  • Alhambra, Arcadia, Temple City, Duarte
  • Azusa, Glendora, Covina, West Covina, San Dimas
  • Temple City, El Monte, Baldwin Park
  • Rosemead, Monterey Park
  • Eagle Rock, Highland Park, Atwater Village, Verdugo Park
  • La Canada Flintridge, La Crescenta-Montrose
  • Panorama City, San Fernando, Sun Valley, Mission Hills
  • Granada Hills, Northridge, Reseda, Chatsworth, Canoga Park, Winnetka, West Hills
  • Hacienda Heights, Whittier, Montebello, East Los Angeles, South Whittier, La Mirada, La Habra, Brea
  • Fullerton, Placentia, Buena Park, Anaheim, Cerritos, Orange, Garden Grove, Stanton, Cypress
  • Long Beach, Lakewood,Signall Hill
  • Bellflower, Downey, Norwalk
  • Carson, San Pedro
  • Compton, Gardena, Lawndale, Hawthorne, Inglewood
  • Palos Verdes, Rancho Palos Verdes
  • Torrance, Redondo Beach, Manhattan Beach
  • Hollywood Hills, Studio City, Los Feliz
  • Studio City, North Hollywood, Toluca Lake, Burbank
  • Sherman Oaks, Van Nuys, Encino, Tarzana, Woodland Hills
  • Silverlake, Echo Park, Westlake
  • Glendale

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    LOS ANGELES TRADEMARK LITIGATION LAWYER
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