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Trademark Infringement Lawsuits: A Look at Both Sides

Trademark Infringement Lawsuits: A Look at Both Sides

All business law is complex but trademark infringement cases in particular can be complicated. Essentially, trademark infringement refers to a person or entity unlawfully using a trademark or using something that’s so similar to another trademark that it’s likely to confuse or convince a person.

When a trademark lawsuit arises, it can be either a civil lawsuit or it can be filed in federal court. At Law Offices of Torrence L. Howell we can both go after people or entities that are illegally using your trademark and we can help defend against accusations of trademark infringement. Read on to learn about both sides and then contact us at (909) 920-0908 for your free case evaluation.

Proving that someone is infringing in your trademark

There are three main things that must be proven in a trademark infringement case:

  • That the plaintiff owns a valid trademark;
  • That the plaintiff’s rights to the trademark trump any rights the defendant has to the trademark; and
  • The defendant’s trademark is likely to confuse consumers.

When a plaintiff has their trademark registered, there are presumptions that the trademark is valid and that they own the trademark. Additionally, that they have the exclusive right to us it in the U.S. In some cases, the defendant may work to rebut these facts.

Courts will consider a wide range of factors

When the court hears this type of case, they’re going to consider a wide range of evidence including how similar the trademarks really are, if the goods or services provided by the plaintiff and the defendant are similar enough that consumers may make mistaken assumptions, how and where the goods are advertised, sold, and marketed, the purchasing conditions, whether there’s evidence of actual confusion caused by the infringing trademark, and the strength of the plaintiff’s trademark.

Potential defenses to allegations of infringement

If you’re accused of infringing on another party’s trademark, then you need to speak with a business law attorney right away. The best way to handle your particular case will vary based on the facts of your case, but some common options include proving that your use was covered under “fair use,” showing that your product is geographically remote from the plaintiff’s product, and showing that it’s unlikely that a consumer would mistake your trademark for the plaintiff’s trademark.

Don’t wait to get the legal advice you need

Whether you’re being accused of trademark infringement or you know that another party or entity is using your trademark unlawfully, it’s important to contact an attorney as soon as possible. The sooner you work with Law Offices of Torrence L. Howell, the more prepared we can be to handle your case. Our goal is always the best possible outcome and that outcome will be different for one company than it would be for another.

As a result, you need specific legal advice about your specific case. Contact us today at (909) 920-0908 for a free case evaluation. We are here to help make this process as simple as possible and to fight for your rights.


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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

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