Discuss Your Company’s Legal Options with an Experienced Florida Trademark Infringement Lawyer
Unauthorized use of a company’s trademark (or use of a confusingly similar trademark) can have immediate and lasting ramifications. As a result, when faced with apparent infringement, a prompt and strategic response is essential. For companies that need to protect their brands, the first step is to consult with an experienced Florida trademark infringement lawyer regarding their available options.
Facing allegations of infringement can have similar consequences. If wrongfully accused of infringement, companies can face substantial liability—in addition to the costs of rebranding. As a result, informed decision-making is crucial in this scenario as well.
Our lawyers have decades of experience representing companies on both sides of trademark infringement disputes. If you need to protect your company’s marks or are facing allegations of infringement, we can guide you confidently forward. Representing clients in trademark infringement litigation accounts for a substantial portion of our practice, and our success in this area has earned our firm and our lawyers accolades, including:
- Board Certification in Intellectual Property by The Florida Bar
- Listing in the Guide to the World’s Leading Trademark Law Practitioners
- Recognition among the “Best Lawyers in America” for Trademark Litigation
- Receiving coveted “Lawyer of the Year” awards over a dozen times in several areas, including Trademark Law and Intellectual Property Litigation
- Recognition by Chambers & Partners, the World Trademark Review 1000, Managing IP, Martindale, Hubbell, Super Lawyers, and Who is Who in Law for our success in Trademark Infringement Disputes and Other IP Litigation Matters
When Can (and Should) You File a Trademark Infringement Claim?
While unauthorized use of a company’s trademark will constitute trademark infringement in many cases, not all unauthorized uses are infringing. To pursue a claim for trademark infringement, a brand owner must be able to prove the following:
While unauthorized use of a company’s trademark will constitute trademark infringement in many cases, not all unauthorized uses are infringing. To pursue a claim for trademark infringement, a brand owner must be able to prove the following:
1. Adoption of a Confusingly Similar Trademark
Filing a claim for trademark infringement requires evidence that the defendant has adopted a trademark that is “confusingly similar” to the mark being infringed. This means that the two marks at issue do not need to be identical. Confusing similarity can be based on the words a trademark incorporates, the design of the mark, or the mark’s color palette or sound.
2. Use of the Trademark in Commerce
To be liable for infringement, a defendant must be using (or must have used) its confusingly similar trademark in commerce. Several acts can satisfy this “use in commerce” requirement, including (but not limited to):
- Branding products or services with a confusingly similar trademark
- Registering a domain name that incorporates a protected trademark
- Selling counterfeit products under a protected trademark
3. A Likelihood of Confusion (or Actual Confusion)
The third element of a trademark infringement claim is the likelihood of confusion in the marketplace (or actual confusion in the marketplace). There are various ways to prove actual or potential confusion, and the strength of a plaintiff’s evidence of confusion will often be a key factor in determining whether a case settles or goes to trial.
Defenses to Trademark Infringement
While brand owners have a variety of ways by which they can prove trademark infringement, companies accused of infringement may have a variety of defenses available as well. When we represent clients in trademark infringement litigation (whether as plaintiff’s counsel or defense counsel), we examine all potential defenses, including (but not limited to):
- Priority of rights
- Trademark invalidity or abandonment
- Sufficient dissimilarity between the marks at issue
- Insufficient evidence of the likelihood of confusion
- Compliance with the terms of a license, franchise or assignment agreement
- Fair use
FAQs: Trademark Infringement Litigation in Florida (and Beyond)
Do You Need a USPTO Registration to File a Trademark Infringement Claim?
No, you don’t necessarily need a USPTO registration to file a trademark infringement claim. Limited rights arise automatically upon the use of a non-infringing mark in commerce.
What if My Company was Using a Trademark Before Another Company Registered a Similar Mark?
If your company was using an unregistered trademark before another company registered a similar mark, your company should have “priority” in the geographic area where the mark was used. If your company’s mark was registered, you may have grounds to challenge the new mark owner’s registration.
What Are the Remedies for Trademark Infringement?
Potential remedies for trademark infringement include injunctive relief, damages and cancellation of the infringing mark’s registration. When you speak with a Florida trademark infringement lawyer at Lott & Fischer, your lawyer can help you determine which remedy (or remedies) to pursue.
Speak with a Florida Trademark Infringement Lawyer at Lott & Fischer
If you need to speak with a lawyer about pursuing or defending against trademark infringement litigation in Florida, contact us today. Call 305-448-7089 or send us a message online to speak with a Florida trademark infringement lawyer at Lott & Fischer in confidence as soon as possible.