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Trademark & Copyright Infringement

What Constitutes Trademark Infringement?  

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. 

Factors That Determine the Outcome of a Trademark Infringement Lawsuit

To win a trademark infringement lawsuit, the plaintiff must demonstrate that:

  • It is the owner of a trademark or service mark;
  • Its rights to the trademark are senior to the defendant’s rights; and
  • The defendant’s mark would likely cause confusion, deception, or mistake regarding the source of the services and/or goods offered under each party’s mark.

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:

  • How similar the two marks are to each other;
  • Whether the goods or services of each party are related to the extent that a consumer is likely to assume that the defendant’s goods or services came from the plaintiff;
  • Where and how each party advertises its services or goods;
  • Whether there is evidence that the defendant’s mark has caused actual confusion;
  • What the defendant’s intentions were in using the mark; and
  • The strength of the mark that was allegedly infringed upon.

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.

Remedies Available in Trademark Infringement Cases

If the court rules in the plaintiff’s favor, the following remedies may be available:

  • Monetary relief including damages that the plaintiff sustained, the plaintiff’s legal expenses, and the defendant’s profits;
  • A court order that the defendant must forfeit or destroy infringing articles; and
  • A court order that use of the mark by the defendant must stop.

Discuss Your Case with a Trademark Attorney in Florida Today

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:

  • Monetary relief including damages that the plaintiff sustained, the plaintiff’s legal expenses, and the defendant’s profits;
  • A court order that the defendant must forfeit or destroy infringing articles; and
  • A court order that use of the mark by the defendant must stop.