Trademark Infringement and Unfair Competition
Let our trademark infringement and unfair competition attorneys help you protect your company’s trademark. In the United States, your company does not have to have a trademark registered federally, for trademark rights may be acquired through the use and the reputation of the mark. Yet, ownership of a federal trademark registration provides several benefits, including establishing prima facie evidence of the ownership and validity of the registered mark in an infringement claim and providing an opportunity for the trademark owner to assert and recover more significant remedies in a counterfeiting claim. In the United States, trademark laws provide for damages and injunctive relief as remedies for infringement. In willful infringement cases a trademark owner may also be able to recover statutory attorney’s fees.
Trademark infringement is the use by another of the same or a similar mark that violates the prior trademark rights of another in the jurisdiction where such use occurs. The most common standards for infringement are: (1) close similarity of a mark and its associated goods and/or services to a prior mark and its associated goods and/or services; or (2) use of a mark that creates a likelihood of confusion with a prior mark among the relevant consumers.
Our trademark attorneys are also versed in the laws of unfair competition, passing off, trademark dilution and contract law. When our trademark attorneys file an unfair competition claim against a third party, it is normally because the consumers are being deceived as to the source of goods or because their business interests are being threatened by an infringing third party.
Our Miami litigation lawyers can also help you resolve disputes with other parties in the event you are unable to resolve them amicably. Our attorneys use civil litigation to resolve all sorts of conflicts such as contract disputes, loan defaults, intellectual property issues and commercial disputes. Our trademark litigation attorneys can prepare and file a lawsuit on your behalf while continuing to try to negotiate an out-of-court settlement with an infringing party. If a settlement cannot be reached, then our trademark lawyers will assist you in developing a trademark strategy that will allow us to represent you before the Courts of Florida. We can also defend you against third parties that accuse you of wrongfully using their trademark in the United States of America.
Our litigation lawyers bring more than 30 years of combined legal experience to the table. Whether the issue is contractual, sales or business related, our Florida litigation attorneys are ready to fight for you. Our extensive litigation experience has provided us with the knowledge necessary to provide you or your company with excellent legal services while always trying to keep you costs to a minimum. We do this by providing you with smart lawyering and an efficient work product. We zealously represent our clients in both state and federal courts.
Please contact our team of experienced trademark attorneys if you need assistance initiating or defending a trademark infringement proceeding.