Protect Your Trademark Against Infringers
Trademark infringement occurs when an unauthorized party uses a mark that is identical or confusingly similar to your registered trademark in connection with goods or services that are the same or related to yours. When your trademark rights are violated, you need an experienced trademark infringement attorney who can take swift, effective action to stop the infringing use and recover damages.
At Blue Ridge Trademark, our trademark litigation attorneys have extensive experience enforcing trademark rights through cease and desist letters, Trademark Trial and Appeal Board (TTAB) proceedings, federal court litigation, and online marketplace takedowns. We work closely with our clients to develop an enforcement strategy that achieves their objectives while being mindful of costs.
Types of Trademark Infringement Actions
Cease and Desist Letters
Often the most cost-effective first step in enforcement, a well-drafted cease and desist letter from an attorney puts the infringer on notice of your rights and demands that they stop using the infringing mark. Many infringement matters are resolved at this stage without the need for litigation.
TTAB Proceedings
The Trademark Trial and Appeal Board handles opposition and cancellation proceedings. An opposition proceeding prevents a confusingly similar mark from registering, while a cancellation proceeding seeks to cancel an existing registration. TTAB proceedings are less expensive than federal court litigation and can be highly effective.
Federal Court Litigation
When other enforcement measures are insufficient, federal court litigation provides the most comprehensive remedies, including injunctive relief (court orders stopping the infringement), monetary damages, disgorgement of the infringer's profits, and in exceptional cases, recovery of your attorney fees.
Online Marketplace Enforcement
For trademark owners dealing with counterfeit goods or unauthorized sellers on platforms like Amazon, eBay, or Etsy, we can assist with filing takedown requests and brand protection complaints through each platform's intellectual property enforcement programs.
Likelihood of Confusion: The Key Legal Standard
The central question in most trademark infringement cases is whether the defendant's use of a mark creates a likelihood of confusion among consumers. Courts evaluate multiple factors when making this determination, including the similarity of the marks in appearance, sound, and meaning; the relatedness of the goods or services; the strength of the plaintiff's mark; evidence of actual confusion; the defendant's intent; the sophistication of consumers; and the marketing channels used by both parties.
What to Do If You Receive a Cease and Desist Letter
If you have received a cease and desist letter alleging trademark infringement, it is important to take the matter seriously and consult with a trademark attorney promptly. Ignoring the letter will not make the problem go away and may result in a federal lawsuit. Our attorney can evaluate the strength of the claims against you and advise you on the best course of action, whether that involves modifying your mark, negotiating a coexistence agreement, or defending your rights.