Similar to copyright litigation, when one party infringes upon another party’s registered or common law trademark, the trademark owner with priority in commerce may need to enforce their trademark rights in state or federal court.
Trademark infringement can occur in a number of ways. Besides directly copying another brand’s mark, an infringer might use a mark that is similar enough to evoke confusion among consumers of the product or service. Blurring, dilution, and tarnishment are defined terms that describe how a brand’s trademark can be harmed by infringement.
Trademark litigation is the later stage of enforcement. First, the trademark owner may send a cease and desist letter asking for the infringement to stop. If that is ignored, then the owner may file a civil lawsuit in state or federal court to enforce their trademark ownership.
The Marks Gray team can help you along each step of the way through this process. We can also help you navigate next steps if you receive a cease-and-desist trademark infringement letter.