Trademark Infringement & Enforcement

One of the most important aspects of owning a trademark is having the legal right to enforce it against businesses that are attempting to use its likeness illegally. There are various types of enforcement measures available to trademark holders that can be used to prevent others from using your trademark, depending on the individual situation.

A common initial step that trademark holders take when enforcing their trademark is issuing a cease-and-desist letter. This is a formal letter that warns potential violators of your trademark and the rights associated with it. It may also threaten potential legal action if the infringing actions are not stopped. In some cases, cease-and-desist letters can prevent future legal battles, but there are other situations in which a more assertive approach is needed.

For less traditional violations, like internet sellers creating counterfeit products using your trademark, it might be necessary to use a different approach. A take-down notice is another common tactic that can be used to request that a website or marketplace remove listings that violate your trademark. Other negotiations might also help both parties reach a solution without having to go to court.

If an issue is serious enough, it might warrant litigation. In a trademark infringement case, both parties and their legal teams engage in discover to gather evidence in support of their arguments and present it to a court. The type of court in which the claim is filed depends on how the trademark is registered and its scope. In some cases, a settlement might be reached before the case goes to trial.

The type of legal action also depends on what actions the potential offender is performing. There are several ways that an entity can infringe on a trademark, including counterfeiting and domain name disputes (explained further in the Domain Name Disputes category). Counterfeiting occurs when a business benefits from another party’s trademark by creating items or services similar to what that trademark offers. This type of infringement can be particularly damaging to a trademark owner’s brand and reputation. In such cases, it is crucial to take swift and decisive action to protect your rights. The most appropriate course of action will depend on the severity and scale of the counterfeiting activities. In some situations, sending a cease-and-desist letter or engaging in negotiations may be sufficient to resolve the issue. However, if the counterfeiting is extensive or the infringer is uncooperative, it may be necessary to pursue legal action through the courts.

Regardless of the type of trademark infringements occurring, working with a legal professional can help prevent them from happening in the future. Harrigan IP can help stop counterfeiters and other infringements on your trademark by pursuing whatever legal actions are necessary for you and your trademark. From sending cease and desist letters to representing you in court, let Harrigan IP create a strategy for your trademark issues.