Whether a business or creator is trying to establish a foothold in their industry, or make a name for themselves nationwide, a trademark can help them brand and expand. However, the benefits of obtaining a trademark are not self-executing. It is up to a trademark owner to make sure their mark retains value. Contact the Lomnitzer Law Firm for a consultation to discuss your options to protect your brand.
When infringement is alleged, or some other sort of dispute arises, the Lomnitzer Law team takes aggressive action to protect our clients’ brand. The Lomnitzer Law team has handled trademark infringement cases in federal court, state court, and at the USPTO’s Trademark Trial and Appeal Board (TTAB).
Putting A Trademark On Trial
When someone violates a trademark they are stealing brand recognition, consumer goodwill, or market share they did not earn. Trademark owners can and should take aggressive legal action against infringers as the resulting damage could become costly. The Lomnitzer Law team helps our clients develop a strategy to achieve their business and legal goals.
Owners can seek an injunction against infringement, and may also be eligible for monetary damages. To be successful, the mark owner must prove they have a valid trademark entitled to protection and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff’s consent. A plaintiff may also show that defendant’s mark is likely to cause actual harm in the form of:
- Unfair Competition
- Trademark Dilution
- Unjust Enrichment
- False Advertising
- Injury to Business Reputation
The Lomnitzer Law team is skilled at helping owners gather the evidence needed to assert their legal rights and bring infringers to justice. If monetary compensation is appropriate, we help our clients maximize their compensation.
We also defend South Florida creators and business owners accused of infringing on someone else’s trademark. The moment a cease and desist letter is received or an infringement claim is filed in court we are ready to spring into action to protect our clients’ rights.
Other Adversarial Proceedings
Trademarks can also come under attack outside of the marketplace if the U.S. Patent and Trademark Office (USPTO) approves a similar or identical mark for someone else, or a litigant moves to cancel a mark. Although the USPTO attempts to ensure that all the trademarks it issues are unique, and rarely cancels a mark without good cause, sometimes mark holders need to take action to prevent the USPTO from making a mistake. It is critical that trademark owners monitor USPTO activity to ensure their mark retains value and contact the Lomnitzer Law Firm for legal advice.
The Lomnitzer Law team assists South Florida creators and business owners who want to oppose a proposed trademark or challenge a trademark the USPTO has issued. We also step in when clients face such opposition themselves.
Within the 30-day window after an application has been approved by a USPTO Examiner, but before the USPTO issues an official registration, any party that believes it would be harmed by the registration of the trademark can initiate an opposition.
If an official trademark registration has already been issued, a Petition to Cancel may be appropriate. A successful cancellation proceeding before the USPTO’s Trademark Trial and Appeal Board (TTAB) removes a trademark registration from the register.
We Are Problem Solvers
At Lomnitzer Law, the members of our team have backgrounds in many different industries, and we use their first-hand knowledge to craft unique solutions for clients in the entertainment, consumer products, technology, arts, and sporting industries. Focusing on real world impacts helps us resolve complex disputes as efficiently as possible.
Our straightforward approach to trademark litigation makes us a force to be reckoned with in the courtroom. This, however, does not mean that we push our clients to adopt arguments and legal tactics they are uncomfortable with. Our clients are always the ones calling the shots. We evaluate and advise, then let our clients pick a path forward.
Powerful Representation For Your Creation
The Lomnitzer Law Firm, P.A., is South Florida’s premier intellectual property legal practice, serving a diverse array of artists, businesses, inventors, and entrepreneurs. When a trademark dispute arises, you can rely on our experienced team of attorneys to advise you, fight for you, and give you the space to keep creating or keep running your business while we take care of your legal issues.
If you need representation in a trademark dispute, we are here for you. Please contact us today to schedule an initial consultation.