Trademark Infringement – How to Protect Intangible Assets with the Help of an Attorney
Protecting your business’ trademark from being infringed upon is vitally important to the success of your business. A trademark is an intangible asset that is created to be a recognizable symbol of your products, brand, or the services you provide, and when someone else uses it it can cause confusion that can hurt your brand’s image or take away business that is rightfully yours. If you believe that another entity or individual is infringing upon your trademark, you need the help of an attorney who can establish not only that your trademark is entitled to protection, but also that the person you are charging with the violation used your mark without your permission. A qualified attorney will show this, as well as provide ample evidence that the infringement caused confusion on the part of the public in business, and that therefore you suffered harm. The attorneys at Bochetto & Lentz have a successful record of protecting our clients against these types of unethical actions and getting the the compensation that they deserve for the damages that they have suffered.
At Bochetto & Lentz, we are dedicated to protecting our clients, whether they are individuals, partnerships, or companies. We understand the importance of a trademark as an important part of your intellectual property that needs to be associated exclusively with you and your organization. The question of whether or not another organization’s use of your mark – or a mark similar to yours – represents trademark infringement is largely determined by whether or not the use has created a likelihood of confusion on the part of the consumer. There are several factors that can be used to show that confusion is likely. These include:
- A similarity in the impression that the two marks make. This can include look, sound, or meaning.
- A similarity in the product or service. This can include the channels that each uses to market themselves.
- How strong your mark is.
- Proof that consumers have actually been confused.
- Whether the defendant intended to create confusion.
- How physically close the two marks are to one another in the eyes and experience of the consumer.
- How careful the consumer is likely to be in differentiating between the two trademarks.
- How likely it is that your product line will be expanded into other lines.
Though each trademark infringement case is different, the first two of these factors are the most crucial to proving a case. It is our goal to establish a clear-cut case that leaves no question as to whether confusion has been created in order to provide our clients with the remedies to which they are entitled. The remedy to infringement is generally an injunction preventing further infringement. Though monetary damages are not always awarded in trademark cases, we will fight to show the damages that you have suffered in order to optimize your chances of receiving compensation. For more information on our trademark infringement assistance, call our office today.
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