Sometimes a lawsuit is the only way to resolve a trademark dispute.
The federal Lanham Act provides trademark owners with certain rights. In order to prevail in an action for trademark infringement, a trademark holder must establish that he or she has rights to a valid trademark, that the infringing trademark is being used in commerce, and that there is a likelihood of confusion between the two marks. Even establishing what constitutes a trademark use can be difficult for courts to determine in the Internet age, where courts have grappled with the use of trademarks in meta tags, pop-up advertising, and keyword bidding.
Establishing that an alleged infringer is making a trademark use is just the start of the inquiry. Courts will then determine whether there is a likelihood of confusion between the two marks. In making that determination, Courts evaluate a number of factors, including the similarity of the marks, the strength of the marks, the channels of trade in which the parties do business, consumer sophistication, whether there has been actual confusion, and whether there was a bad faith intent to infringe. Deciding when to file an action and what action to take should ideally be done in consultation with an attorney. Contact one of our trademark attorneys for more information.
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Attorney consultation requests can be submitted by filling this form. One of our trademark attorneys will respond to inquiries directly. You may also call us at (800) 865-2901.
“ The trademark attorneys at Lewis & Lin are responsive, easy to work with, and fair! ”
— Harvey Moscot (CEO), Moscot NYC