- Home
- About The Firm
- Practice Areas
- Areas Served
- Resources
- Blog
- Contact Us
Owning a trademark can be a viable asset for your business—but only if you take steps to protect it. You are responsible for defending your intellectual property but you do not have to do it alone. A Miami trademark infringement lawyer is here to assist you at every step.
Your dedicated trademark attorney can perform in-depth searches, collect evidence of infringement, and issue cease and desist letters on your behalf. If a lawsuit becomes necessary, we advocate aggressively on your behalf to protect your business identity.
It is possible to trademark any kind of symbol or imagery that distinguishes a business from its competitors. Protecting this type of intellectual property is much easier when it is covered by a registered trademark. The federal registration system not only assists with enforcing ownership, but it also puts other parties on notice that a specific logo, slogan, or color scheme might be infringing on another one that is properly registered and protected.
This process can be complex, and a mistake could have a harmful impact on a Miami infringement attorney’s ability to aggressively defend this trademark. Between searching for similar existing marks and drafting the necessary paperwork to the USPTO, a lawyer adds exceptional value to a business’s legal obligations.
The unauthorized use of the intellectual property can be a devastating financial issue. It can lead to confusion among customers, cause damage to the reputation of a company, or allow a competitor to siphon off revenue by pretending to be something they are not. This can happen by using a logo, sound, or slogan similar to another business that shares a similar purpose.
Often, these cases involve one company taking multiple steps that infringe on the trademark of another. For example, a restaurant might face litigation if it borrows the color scheme and uses a similar logo as a competing business that has registered their trademarks for commercial use.
There are ways for a Miami attorney to deal with trademark infringement without filing a lawsuit. The first step involves something known as a cease-and-desist letter. This correspondence is sent to persons or entities and it generally demands that they end any unlawful use of protected symbols, logos, or marks.
While cease-and-desist letters are often successful in avoiding a contentious dispute, there are times where legal action is unavoidable. When that happens, it is critical for a business to retain a Miami lawyer who has extensive experience with trademark infringement litigation.
These lawsuits are designed to protect a company’s brand, especially when the other party is using their intellectual property in a way that places them in a negative light. If litigation is successful, it can also lead to financial compensation for the damage that was done.
While a financial award is often the primary concern for a company, others may be focused on injunctive relief. For example, a case that is based on the production of counterfeit merchandise could involve a court order preventing additional manufacturing. A judge could even order a business to cease the use of offending logos, trade dress, or slogans if they determine it is infringing. A legal professional identifies all avenues of compensation and assesses all the ways the infringement can be rectified.
The battle to protect your IP can be challenging, and the stakes are always high when your entire business is involved. You need someone tough and disciplined, who does not give up on your right to profit from your intellectual property.
Do not attempt to settle this conflict on your own. Reach out to a Miami trademark infringement lawyer from The Lomnitzer Law Firm to discuss your options and defend your rights.
