What Is a Trademark Violation?
A trademark is a symbol, word, or phrase that is used to represent a product or a company on the market. It is a form of intellectual property that serves to distinguish that product or company from others. An example of a trademark is the apple symbol with a bite missing for Apple Computers. A trademark violation occurs when someone other than the rightful owner of the trademark uses it to represent another product or company. This may cause customers to become confused about who is actually selling or has the right to sell the product. A trademark owner may file a civil lawsuit against someone who is believed to have unlawfully used his/her trademark without permission.
When is There a Trademark Infringement?
When a plaintiff files a civil lawsuit in court for trademark infringement, in order to win the lawsuit, it must be shown that the plaintiff actually is the registered owner of the trademark and owned it before the infringing party ever used it or claimed it as his own. This means that the owner has the exclusive right to use the trademark to represent his/her product or company. If a defendant has been using a similar mark that could be mistaken for the original trademark in the minds of consumers, this is likely to be seen as a trademark infringement. A court will consider issues like the similarity between the original trademark and the infringing one or how the product is usually sold and marketed.
Possible Remedies for Trademark Infringement
If someone is sued for a trademark infringement, possible actions that could be taken against them may include a court order demanding that this person stop using the infringing trademark or that the offender must destroy or at least stop selling products carrying the infringing trademark. The defendant, or offender, may also be sued in civil court for monetary damages and may also be required to pay the attorney's fees. An experienced Florida intellectual property lawyer can help you determine whether someone else has infringed upon your trademark right.
Call to Schedule a Free Consultation With a Florida Intellectual Property Lawyer Today
If you have concerns about a trademark infringement, call to schedule a free consultation with a Florida intellectual property lawyer today. The skilled legal professionals at the law firm of Smith/Barbara will use their years of experience and network of resources to determine whether there has been an infringement upon your trademark right. Visit our website atsmithbarbara.com or give us a call at (954) 710 - 0116 and let our capable staff answer any questions you may have. We serve the states of Florida and Tennessee and we are eager to serve you.