Registering a trademark is only the first step in protecting your intellectual property. Next, you must take any action necessary to enforce trademark rights if someone is committing trademark infringement or using your property in an unauthorized manner. Enforcement actions are essential for penalizing others who engage in unauthorized infringement of your trademark.
Enforcing your legal rights in cases of trademark infringement is the best means of protecting your property. You can contact a Boynton Beach trademark attorney at The Lomnitzer Firm P.A. to understand the trademark enforcement process and how it applies to your situation.
Trademark infringement occurs when a person or company uses another’s trademark without authorization to do so. The danger of trademark infringement is that it can mislead consumers about the source of or affiliation with a product. For example, suppose a business uses a logo that is very similar to the logo of a nationally known, well-established brand. In that case, customers may be confused about which company has produced the products marketed under that brand. In this situation, the nationally known company could file a trademark infringement claim against the business.
Pursuing a trademark infringement claim against those who engage in unauthorized use of your trademark can occur under state and federal law.
Florida Statutes Section 495.131 authorizes civil claims based on trademark infringement. Under this law, if an individual or company reproduces, counterfeits, copies, or uses a colorable imitation of a registered trademark in connection with the sale, distribution, or advertising of goods or services, the trademark owner may have a claim for trademark infringement. However, the owner has a viable claim only if the infringing party’s usage is “likely to cause confusion, to cause mistake, or to deceive.”
Furthermore, an additional element must be present if the claim involves the infringing party applying a similar mark to “labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale, distribution, or advertising of goods or services,” In this case, the trademark owner’s recovery for loss of profits or damages is impermissible unless the infringing party knowingly used the mark in this manner to confuse, cause mistake, or deceive.
The Lanham Act is a federal law that provides a mechanism to protect and enforce trademark rights. Trademark owners can enforce their rights under the Lanham Act in federal courts nationwide. In many cases, federal claims can result in additional remedies not available under state law.
Under Florida law, an individual or company can pursue a trademark infringement claim if they can prove the following four elements:
When a Florida trademark attorney considers your case, they will first investigate the facts to determine whether the other party violated state and/or federal trademark law. If they find sufficient evidence that trademark infringement occurred, they are likely to send a cease-and-desist letter to the infringing party. A cease-and-desist letter notifies the infringing party of the alleged infringement and orders them to stop using the trademark.
The next step to trademark enforcement is to attempt to settle with the infringing party. In many cases, the parties can resolve their trademark infringement suit without litigation. However, if an informal resolution is impossible, the trademark holder may proceed with a lawsuit against the infringing party. A successful trademark infringement lawsuit can result in the court issuing an injunction to prevent further infringement. The trademark owner also may receive a damages award, which may include attorney’s fees.
A registered trademark can be any word, phrase, symbol, or design that represents the goods or services that a party is producing, selling, or distributing.
Registering a trademark puts people and companies nationwide on notice of your trademark. When you have registered a trademark, the law presumes that you own the trademark. This ownership allows you to have enforceable legal rights to use your trademark for business purposes exclusively.
A cease-and-desist letter is a formal demand for a party to stop doing something. In the case of trademark infringement, a cease-and-desist letter advises an alleged infringing party of the existence of a trademark and warns of future legal action if the party does not stop using it.
An injunction is a court order for a party to stop doing something. In a trademark infringement case, an injunction typically orders an infringing party to stop using a trademark without authorization.
Enforcement action is necessary when others wrongfully utilize or infringe upon your trademark. A Broward trademark enforcement lawyer at The Lomnitzer Firm P.A. can assist you throughout all stages of the trademark enforcement process. Protect your business and its property by enforcing your rights under federal and state law. Call our office today at (800) 853-9692 or contact us online to schedule a time to discuss your trademark enforcement matter with our Fort Lauderdale trademark attorney.
