Daily Law Group
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Preventing a trademark infringement suit

Your company can establish a trademark by use or legally register it in California to represent your business or a particular product. It can be a word, phrase or symbol. When an original trademarked item and other, very similar service marks are used by multiple entities, it causes consumer confusion and is deemed trademark infringement. At Daily Law Group, we often represent clients whose inadvertent use of a trademarked item results in a lawsuit.

The infringement can move beyond the exact symbol or phrase to include packaging and color if it is an intrinsic part of the company’s public identity. Typically, the first step is to send a cease-and-desist notice. It is a demand to stop using the trademarked item with an explanation of the infringement. If you received this type of letter, it requires a response within a short period. According to the United States Patent and Trademark Office, at this point, there is still time to prevent a lawsuit. However, failure to respond may result in receiving a summons from the court.

Notice from the court requires a formal response to the complaint, either by filing a motion of your own or answering the complaint. The best course of action is dependent on your particular circumstances. You may choose to challenge the trademark claim, defend against the infringement, deny that the alleged owner has proved a violation of the law or negotiate a settlement.

Tradename and trademark disputes are often complicated. Not only can they be time-consuming, but they are also very expensive. Visit our webpage for more information on this topic.

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