Receiving a trademark cease-and-desist letter can be unsettling. The letter claims that a trademark infringes another trademark and demands stopping use of a mark that the company believed it had the right to use. The letter might even threaten a trademark infringement lawsuit if the use is continued. Or, worse, a company receives notice that a trademark infringement lawsuit has already been filed against the company. The importance of a proper a response cannot be underestimated. Responding the wrong way can adversely affect not only the outcome but also the company’s bottom line.
Although the company may disagree that it is liable for trademark infringement, trademark infringement matters are decided by specific facts, not opinions. The need for a measured response supported by facts is critical. Our experienced trademark attorneys evaluate notices and claims of trademark infringement and the surrounding facts to determine whether the claim has a solid legal foundation and work with clients to craft an appropriate response strategy that aligns with our clients’ business goals and objectives and increases the clients’ chances of success.
Laying a strong foundation for the use and registration of a trademark is the best way to avoid a claim of trademark infringement. Our trademark attorneys often work with clients at the early stages of trademark protection. We provide clients with proactive advice during the trademark selection and prosecution process to help avoid or minimize the chances of being on the receiving end of a trademark infringement claim. However, trademark registration and proper planning do not always create immunity from a claim of trademark infringement.
When issues arise and valuable trademark rights are at stake, having experienced trademark attorneys and litigators in your corner is vital. Our attorneys have handled all types of trademark infringement and dilution cases that span various industries. We are well-versed in the best ways to approach trademark infringement claims no matter how large or complex the case. We assess the potential risks and rewards of disputes and provide creative solutions that align with our clients’ goals and needs.
While receiving a notice of alleged trademark infringement can be intimidating, a diplomatic response can sometimes defuse infringement claims before they reach the litigation stage. Most trademark disputes do not reach the courtroom steps. However, if negotiation is unavailing, our attorneys have the necessary experience to defend a client’s trademark rights in a trademark infringement lawsuit in federal or state court. Early assessment and proactive measures can be key in reaching a favorable and cost-efficient resolution. Being prepared can be the best defense.
When faced with a trademark infringement lawsuit, our trademark attorneys can help a client consider its options and potential defenses and work with the client to formulate an effective and efficient defense strategy. We do not necessarily aim for either success through settlement or through court judgment. Rather, our trademark attorneys fight for the outcome that best suits our clients’ interests.
As a trademark law firm, our trademark lawyers can assist with advising on trademark infringement defense legal issues. See our Trademarks service line page for additional information about trademark infringement defense legal services.