Wilson Law Group P.C.

Board Certified Texas Attorney

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Wilson Legal Group P.C.
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
Telephone: 972-248-8080

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Trademark Application

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U.S. Code

Trademarks

Practice Areas - Trademarks

Trademark Litigation

Trademarks are your company's signature, and like a personal signature, they depend upon the trust and good faith people place in them.  Your trademark is only as valuable as the worth and trust your customers place in your company and the products sold under the mark.  Hence, trademark infringement can be very harmful and detrimental to your company and products in that users of a misappropriated mark can often damage and destroy the good faith you have worked to build up in the mark.  For this reason, perhaps no intellectual property infringment is as damaging as trademark infringement; not only does the infringer steal profits to which you are rightfully entitled, he or she can also decrease the value of the trademark and your ability to make profits using it.  There are generally two kinds of trademark litigation that you may pursue to protect your mark: civil actions for trademark infringement and opposition actions to prevent the issuance of an infringing mark.

Trademark Infringement: The majority of trademark litigation centers around trademark infringement suits when you discover that someone has been illegally using your mark.  Trademark infringement suits can be very complex and lengthy; however, there are several remedies available to the infringed upon party, including:

  • Injunctive Relief: The most common form of relief in trademark infringement cases is the imposition by the Court of an injunction against the offending party, prohibiting them from further use of the mark.  Such injunctive relief affirms and protects the prevailing parties rights to the mark.
  • Profits: Pursuant to 15 USC §1117, the plaintiff in a trademark infringement suit may recover any profits the defendant obtained by using the plaintiff's trademark.
  • Actual Damages: The plaintiff may also be entitled to any damages sustained due to the misappropriation of the mark.  Such damages can include compensation for any lost value in the mark such as may be caused by the affixing of the mark to inferior goods.
  • Treble Damages: If the infringement of a trademark involves the use of a counterfeit mark or designation, unless there are extenuating circumstances, the Court shall award the plaintiff three times the profits or damages, whichever is greater, assessed in the case.
  • Statutory Damages: Instead of actual damages and profits, prior to the final judgment the plaintiff may elect to recover statutory damages.  The amount of statutory damages can vary greatly depending on the particular circumstances of the case and are subject ot the Court's discretion, but in any case shall not be less than $1,000 per violation and not more than $2,000,000 per violation.
  • Costs: Depending on the circumstances of the case, the plaintiff may also be entitled to recover reasonable costs of the action and/or attorney's fees.

Trademark Opposition: Alternatively, trademark litigation may involve the bringing of an opposition to a pending trademark before the Trademark Trial and Appeal Board (TTAB).  Opposition actions involve the attempt to prevent a trademark from being registered that would infringe upon an existing registered trademark and/or would cause confusion to the public.  Such actions can be extremely advantageous in that they can prevent the infringement of a mark altogether.  However, because the TTAB has different processes than federal courts, such actions require experienced and knowledgeable attorneys able to understand the various details at issue and to provide the strong representation needed.

The Wilson Legal Group understands the detrimental effects trademark infringement can have and is passionate about defending and protecting you and your company.  Our attorneys have experience protecting numerous clients' trademarks, have successfully taken infringement cases to trial, and have prevented infringements from occurring through oppositions before the TTAB.  The Wilson Legal Group has the knowledge and experience to help you with your complex trademark litigation and will provide you the aggressive representation you need.