Trademark infringement is the unauthorized use of a trademark or a service mark on or in connection with goods or services in a manner that is likely to cause confusion as to the source of the goods or services. Trademark infringement can result in the loss of goodwill in a brand, the weakening of the brand’s recognition, and the loss of revenue. Discovering that someone is infringing on your trademark can be alarming, but it’s important to respond promptly and strategically to protect your brand. Here are a few steps to take if you discover that your trademark is being infringed.  

Consult a Trademark Infringement Attorney 

Seek advice from a trademark infringement attorney. A trademark infringement attorney can assess whether the use of your mark constitutes trademark infringement. A trademark infringement attorney can also provide valuable guidance on the best course of action based on the specifics of your case and help you understand your legal rights and options. 

Confirm Your Trademark is Being Infringed Upon 

The use of the same mark by two businesses does not always result in trademark infringement. For example, if two businesses sell completely different and unrelated goods and/or services or operate in very distinct markets, there may be no trademark infringement. Use of another party’s trademark in advertising as a comparative product or in news reporting may constitute fair use and not trademark infringement. Therefore, conducting an initial review of the use of your mark to determine if it constitutes trademark infringement is an essential first step. An experienced trademark attorney can conduct this review. Trademark infringement primarily occurs when your trademark is used in connection with goods and services that are related to yours and/or sold in the same channels of trade, where consumers are likely to be confused between the source of the goods and services provided under your trademark and those provided under the infringing mark. 

Send a Cease-and-Desist Letter

Sending a cease and desist letter to the infringing party is a common first step taken to address trademark infringement. A cease and desist letter details the infringement and demands that the infringing party stop using the trademark. The letter may also include a warning about a lawsuit being filed if the infringer doesn’t cooperate within a given amount of time. Cease and desist letters allow you to inform the infringer about the unlawful trademark use and allow the infringer to make the appropriate amends to avoid a trademark infringement lawsuit. In some cases, the infringing party may not have been aware that they were infringing on another party’s trademark rights. The cease and desist letter allows the infringing party to be informed and gives them a chance to stop using the mark before both parties incur the costs of a trademark infringement action. An experienced trademark attorney can prepare a cease and desist letter that describes the infringement and makes appropriate demands from the trademark infringer.

File a Lawsuit 

If a trademark infringer refuses to cease use of the infringing mark, you can commence a lawsuit for trademark infringement. If continued use of your trademark by the infringer is causing irreparable harm to your mark and business, you may be able to ask the court to order the infringing party to cease their use of the mark through the issuance of an injunction. You may also be able to request monetary damages from the infringing party to recoup your losses as well as the infringer’s profits in connection with the infringement. Attorney’s fees and costs may be awarded in exceptional cases. Treble damages may also be available when appropriate. If the infringing party has submitted an application to register the infringing trademark with the USPTO, you may also be able to file a Notice of Opposition against their trademark application to try and prevent its registration.

Book a meeting with one of our trademark litigation attorneys to discuss your infringement matter.