Trademark infringement is the unauthorized use of a trademark that is identical or substantially similar to a registered trademark, in a manner that is likely to cause confusion or deceive consumers as to the origin of goods or services. This can occur when a party uses a trademark that is identical or similar to another party’s registered trademark for related goods or services, without obtaining proper authorization. Some examples of trademark infringement include:
Using a name, logo, or slogan that is identical to another’s trademark for similar goods or services;
Selling counterfeit goods that bear another’s trademark;
Using another’s trademark in the domain name of a website;
Modifying another’s trademark and using it in a way that creates confusion with the original trademark; and
Creating a similar product packaging that copies or mimics another’s trademark.
If you are sued for trademark infringement, it is important to take the matter seriously and seek legal advice from an experienced attorney. The steps you should take depend on the specific circumstances of your case, but some common steps include the following:
Review the complaint: Carefully review the complaint to understand the allegations and the relief sought by the plaintiff. This will help you determine your next steps.
Consult with an attorney: Seek legal advice from an experienced attorney who specializes in trademark law. An attorney can help you understand your rights and obligations, and develop a strategy for responding to the lawsuit.
Respond to the complaint: You will need to respond to the complaint within the time frame set by the court. This is typically done by filing an answer that denies or admits the allegations and raises any defenses you have.
Participate in discovery: During the discovery phase, the parties exchange information and evidence related to the case. This may include written questions, requests for documents, and depositions.
Evaluate settlement options: Depending on the strength of your case and the likelihood of a favorable outcome, you may want to consider settling the matter. This can help you avoid the time and expense of a trial and resolve the dispute on terms that are favorable to you.
Prepare for trial: If the case cannot be settled, you will need to prepare for trial. This may involve retaining expert witnesses, preparing exhibits and other evidence, and making other preparations to present your case effectively.
Remember, each case is unique and the specific steps you should take will depend on the facts and circumstances of your case. Therefore, it is important to seek legal advice from an experienced attorney.
