Trademark Litigation
Los Angeles Trademark Litigation Attorney
Trademarks are a type of intellectual property, and they can be valuable to both individuals and companies that own trademarks. However, just because you have a trademark does not mean that others will automatically stop trying to wrongfully use or benefit from your trademark. When you believe that someone is infringing on your trademark rights, you should not wait to seek legal assistance.
There are different ways to resolve trademark infringement matters, including by taking action in court. If litigation is needed to protect your mark and recover damages you deserve, you want an experienced trademark litigation attorney in Los Angeles on your side. Contact Omni Legal Group today for a consultation to discuss your best options to address possible trademark infringement.
Overview of Trademark Protection
Trademarks are only one type of intellectual property protection, and they can take many forms. Trademarks can include symbols, words, phrases, logos, and other aspects of a brand. These help consumers identify your brand and distinguish it from competitors, so protecting your trademark is essential.
As soon as you begin using a unique logo, slogan, or another brand aspect, you have a trademark, even without registering the mark with the United States Patent and Trademark Office (USPTO). However, by registering your trademark, you gain several important rights, including increased damages in an infringement case.
Trademark infringement does not only the trademark owner but also the consumer market. When others infringe on your trademark, it can confuse consumers and result in purchases of lesser quality products when they intended to purchase your product. Potential infringement should never be ignored, as the resulting damage can become quite costly very quickly.
Identifying Trademark Infringement
The law sets out requirements for the actions of another party to constitute trademark infringement. Generally speaking, someone else’s use of your trademark must have a likelihood to cause confusion among consumers. Our law firm will examine many factors to determine whether the likelihood of confusion is enough to warrant legal action for trademark infringement.
If your rights are being infringed upon, we can reach out to the infringing party directly as your legal representation and issues a cease and desist letter. Sometimes, the party might not even realize that they were infringing on an existing trademark. They might voluntarily stop the infringement, which can save resources for everyone involved.
However, in some cases, a party might not cease the infringement, in which case the matter needs to be escalated to a legal action in court. Litigation might also be necessary if you suffered financial harm due to the infringement and need to seek damages. In these situations, you want a respected Los Angeles trademark attorney representing your rights.
Taking Legal Action for Trademark Infringement
Thousands of trademark owners file lawsuits in federal court on an annual basis, and the legal process can be complicated. Omni Legal Group guides our trademark clients through every step of the litigation process to best ensure a successful outcome.
Some steps of the litigation process include:
- Filing your complaint – We will prepare a persuasive complaint setting out your infringement allegations and file it with the proper federal court in your jurisdiction. We can also request that the court issues a preliminary injunction to stop the infringing activity while the lawsuit is pending. The defense has the opportunity to respond to the case and request a dismissal.
- Discovery – If the court does not dismiss the case, each party will exchange information regarding their case. This allows the defendant to see the strengths of your claims, as well as allows us to see the strengths and weaknesses of possible defenses they might raise. We can also employ experts to help assess the technical aspects of your trademark claim.
- Settlement negotiations – After each side examines the evidence and arguments of the other, it can change the nature of settlement negotiations. We can use the weaknesses of the defense’s case to argue for a favorable settlement, which would end your case.
- Trial – If we are unable to agree with the defense to a suitable settlement, the case will proceed to trial. We will present evidence and arguments to the court to prove infringement and the need for legal relief. The court will then determine whether remedies are in order and whether those entail injunctive relief, money damages, or both.
The large majority of trademark infringement cases settle or end in an award because the defendant never responded to the complaint. However, in the event your case might need to go to trial, you want a highly experienced intellectual property litigator standing up for you and your trademark in court.
What Courts Consider in Trademark Infringement Cases
In the event that your case goes to trial, it’s important to understand that judges have significant discretion when it comes to trademark infringement cases. There is usually not one dispositive factor that determines the outcome of a case. Judges tend to consider all relevant factors and make a decision based on those. Some of the factors that may determine the outcome of your case include:
- How similar the trademarks are to one another
- How similar the good and services offered are to one another
- Whether consumers are actually confused by the marks at issue
These cases involve complex legal and factual questions, and often, experts are needed to testify to different factors to prove infringement. Our firm has the resources necessary to build the strongest possible infringement case for a successful outcome to litigation whenever possible.
Speak with a Los Angeles Trademark Litigation Lawyer
At Omni Legal Group, we assist businesses and individuals in the Los Angeles area with a wide range of trademark matters, including litigation when necessary to protect your trademark rights from infringement. Our firm also represents clients throughout Santa Monica, Beverly Hills, and nearby areas. To discuss how we can help you in your specific situation, call the Omni Legal Group today at 855.433.2226 or send us an email through our online contact form.
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