The Penalties Associated with Trademark Infringement
A Trademark is a symbol or sign which identifies a particular product, business, or other legal entity. Companies expend immense amounts of money and resources establishing these distinctive identifiable brands. Whether you are the first to use a logo, or the first to register said logo, you must obtain official registration with the U.S. Patent and Trademark Office in order to prevent others from using it.
In order to bring a successful action against someone for trademark infringement, you will need to show that another's use of the infringing mark meets certain criteria. When considering the facts, a judge will look at several factors. For instance, the effectiveness of the logo, proximity and similarity of the products, actual evidence of consumer confusion, and the intent of the offending party.
Most often, injunctive relief is granted to the aggrieved party. In some instances, monetary damages are awarded in order to cover actual damages, lost profits, and the cost of litigation. A court also has the authority to triple the award of damages (known as treble damages) if willful infringement can be proven.
If you would like to speak with an intellectual property attorney regarding trademark infringement, trademark registration, or any other intellectual property matter, contact Wood, Atter & Wolf, P.A., or call (904) 355-8888 / 1 (800) 737-9376.
