Tampa Bay Attorneys
Experienced in Business
Law & Litigation
Trademark infringement is the unauthorized use of a service mark or trademark in connection with services and/or goods in such a way that is likely to cause confusion regarding the source of the services and/or goods. If you are being sued for trademark infringement or if your trademark has been infringed upon, an intellectual property lawyer from Lieser Skaff Alexander can evaluate your situation and help you determine the most strategic way to proceed.
Our Florida trademark attorneys have many decades of combined experience in legal practice. We have assisted clients ranging from private individuals to Fortune 500 companies.
To win a trademark infringement lawsuit, the plaintiff must demonstrate that:
If the plaintiff’s trademark has been registered on the Principal Register, there is a presumption that the trademark is valid, the plaintiff owns the trademark, and the plaintiff has the exclusive right to use the mark in connection with any services and/or goods listed in the registration.
The court will evaluate several factors when determining whether trademark infringement has occurred. These factors include:
The specific factors that the court will consider when determining the likelihood that consumers would confuse the trademarks can vary from case to case. Besides making a claim for likelihood of confusion, the plaintiff may claim that the defendant’s mark diminishes the value or strength of the plaintiff’s mark by tarnishing the mark’s image or blurring its distinctiveness by associating the mark with something objectionable. This is called a “trademark dilution claim,” and it may be valid even if there the marks are not likely to be confused.
If the court rules in the plaintiff’s favor, the following remedies may be available:
If you need help registering a trademark, filing a trademark infringement lawsuit, or defending against accusations of trademark infringement, contact Lieser Skaff Alexander to discuss your case. Call (813) 280-1256 or message us online to arrange a consultation with an intellectual property lawyer in Florida.
If the court rules in the plaintiff’s favor, the following remedies may be available:
Copyright infringement is the unauthorized use, reproduction, distribution, performance, or public display of an original work protected by copyrights, or the use of an original work to make a derivative work. This can include things like books, paintings, plays, movies, sculptures, tattoos, and other creative endeavors. If you are in a copyright dispute, the intellectual property attorneys at Lieser Skaff Alexander can evaluate your situation and either help you enforce your copyright or defend you from an accusation of infringement.
Factors That Determine the Outcome of a Copyright Infringement Lawsuit
There are two types of copyrights, registered and unregistered. While both offer some protections, a registered copyright is the stronger of the two.
A successful copyright infringement lawsuit requires the plaintiff to prove:
To show ownership of the copyright, a plaintiff must demonstrate the work was:
To prove actionable copying, the plaintiff must demonstrate that the defendant actually did copy the work (factual copying) or that the defendant’s work is similar enough to the plaintiff’s as to establish that it was appropriated.
The court will evaluate several facts when determining if copyright infringement occurred. These factors include factors such as:
When determining if the works are substantially similar to each other, the test is whether an ordinary observer would regard them as the same.
Remedies Available in Copyright infringement Cases
Several remedies are available to the plaintiff when the court rules in his or her favor, including: