What is Considered a Trademark Infringement?

A trademark is a type of symbol, sign, word or phrase that is intended to represent a product or company. A trademark can be registered so that no one else may use the same symbol to represent some other product or company. A popular example of a trademark is the one for Apple Computers, which is an image of an apple with a bite taken out of it. If another computer, software or even unrelated company, like a furniture company, should use a similar apple as its corporate logo, this company may then be guilty of trademark infringement. Trademark infringement is the use of a trademark to represent goods or services in a way that is likely to cause confusion about where the goods came from.

A Trademark Infringement Lawsuit

A trademark infringement lawsuit is a type of civil lawsuit that is usually done in federal court but can be done in state court. To prove infringement, the plaintiff (person filing the suit) must prove that he/she owns the trademark and has owned it since a time prior to the infringement. The plaintiff must also be able to show that if the defendant uses the same trademark or one that is very similar, it would cause confusion about whose goods are being sold, or would even be deceptive. If the plaintiff wins the lawsuit, he/she may be awarded monetary damages and the defendant will be ordered to stop using the infringing mark. The defendant may also have to pay the plaintiff’s legal fees and will have to forfeit any merchandise that is marked with the infringing trademark.

Call to Schedule a Consultation With a California Trademark Infringement Lawyer Today

If you own a trademark that someone else has copied, call to schedule a consultation with a California trademark infringement lawyer today. The experienced legal experts at the Law Offices of Dorian Cartwright will vigorously fight for your rights as the original trademark owner. We serve the cities of San Jose, Palo Alto, Mountain View, Santa Clara, San Francisco and surrounding communities. Check out our web page at cartwrightesq.com or give us a call at 1-800-810-8030 and let us thoroughly evaluate your case today and give you the legal guidance you need.