TRADEMARK LITIGATION SERVICES

What Is A Trademark?

A trademark is a brand name or service mark that includes any word, phrase, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. For instance, a trademark protects slogans and symbols that identify a business or brand and distinguishes it from others. 

Trademark Protection & Trademark Confusion

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. Users of a misappropriated mark can often damage and destroy the reputation of your mark. For this reason, perhaps no intellectual property infringement 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.  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, the plaintiff may elect to recover statutory damages prior to the final judgment. The amount of statutory damages can vary greatly depending on the particular circumstances of the case and are subject to 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; and

• 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 Infringement Lawyer 

Trademark infringement is a violation of a trademark holder's rights and requires maximum efforts to protect your brand. We have a team of experienced and creative trademark and technology litigators across our offices. These attorneys have litigated in many domestic trademark litigation venues, the Federal Circuit, the International Trade Commission, the Patent and Trademark Office, the Trademark Trial and Appeal Board, and ICANN.  Our Dallas trademark infringement lawyers represent clients in trademark filings and trademark infringement throughout the United States, including the U.S. District Court's for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas.