What Every Business Owner Should Know About Trademark Infringement

by | Jun 16, 2021 | Lawyers & Law Firms

When you start a business, one of the things you’ll do is to create original artwork, including your business logo. These items are considered intellectual properties, and they are protected under U.S. copyright laws. In cases where another party has used your trademarked images without your permission, a trademark infringement lawyer can help you seek relief.

What Must Be Proven?
When you sue someone for trademark infringement, your lawyer must be able to prove that you own the image. They must also prove that you or your business used that logo or design first. The image that the defendant is accused of using must also resemble the trademarked design closely enough as to cause consumers to confuse one for the other.

What Are Common Defenses?
While there are many defenses to this type of claim, most come down to showing that the defendant was unaware of the plaintiff’s use of the image. One common defense is that the trademark certification is fraudulent or based on fraudulent information. Other defenses include claiming the plaintiff abandoned use of the trademarked image. Alternatively, the defendant may claim they were using the trademarked image before the plaintiff.

What Damages Are Typically Awarded?
In a claim of this nature, your trademark infringement lawyer can obtain monetary damages for you in addition to ensuring the defendant can no longer use your trademarked image. Monetary damages may be awarded to cover the losses the confusion has caused for your business, and you may be entitled to any profits the defendant has earned through the use of your image. The best way to find out what compensation you are entitled to in an infringement claim is to consult an attorney.

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