Important Pointers Of A Trademark Infringement Letter

What Is A Trademark

A trademark is a unique sign or indicator used by an individual, a business or some other legal entity to identify the products and/or services to the general public with which the trademark is located. It enables the owners of the trademark to discern its products or services from those of other entities or rivals. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these components.

The proprietor of a registered trademark may begin with a lawsuit for trademark infringement to stop unauthorized use of that trademark by appointing a copyright infringement attorney to draft and send the accused a trademark infringement notice. In such cases, registration is not required. The owner of a common law trademark could also file a lawsuit, but an unregistered mark could be protected only within a particular area within which it has been used or in certain places into which it might probably be reasonably expected to expand.

trademark infringement letter

trademark infringement notice is also known as a cease and desist letter. It is normally sent by trademark infringement lawyers or intellectual property lawyers of the complaining party. The trademark infringement notice would contain the details of the complaint and would normally include a request to cease what ever action which is contributing to the infringement. If the accused fails or refuses to comply with the details contained in the trademark infringement notice, the complainant can then file a trademark infringement litigation.

trademark infringement litigation

When the accused does not want to comply with the instructions stated in the trademark infringement notice, then legal action would then be the next option. If the litigation is positive, plaintiffs are entitled to a wide range of corrective action under federal law. Such plaintiffs are ordinarily awarded injunctions against further infringing or diluting use of the trademark. In trademark infringement lawsuits, financial relief could also be available. This would consist of the defendant’s profits, loss incurred by the plaintiff, and the costs of litigation. Damages may be increased if there were elements of bad faith present. Keep in mind that in trademark dilution cases, however, damages are available only if the defendant knowingly traded on the plaintiff’s goodwill in the use of the trademark. If not, plaintiffs in a dilution action can only claim injunctive relief.

Similar Cases

Apart from trademark infringements, there are also patent as well as copyright infringements. As with trademark infringement, a patent infringement notice and a copyright infringement notice would be sent out to respective violators.

In any infringement case, it would be a good idea to employ a specialized and competent attorney to handle the case.