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Trademark Infringement Remedies

Trademark infringement attorneys frequently must evaluate whether a client whose trademark has been infringed has a claim only for injunctive relief or also a worthwhile case for monetary damages. First, everyone has seen the typical trademark symbols of "TM, SM, and ®." These symbols appear quite often in marketing and advertising documents for products and services. Through use of these notices, a company is informing the public of a risk of litigation in the event of unauthorized third party use that is likely to cause confusion or infringe on trademark service mark rights. What happens when another company uses your mark or one similar to yours? Depending on the facts of the case, that company may have a cause of action for use of a mark likely to cause confusion, mistake, or deception with a registered mark. See 15 U.S.C. § 1114(1). This is commonly called a trademark infringement lawsuit. A trademark infringement attorney will investigate the two marks and the likelihood that the compelling mark will cause confusion, mistake or deception, the promotion and advertising of your mark, and the valuable goodwill associated with your mark. A trademark infringement litigator will often review registration documentation; photographs showing both parties' marks applied to their products; and other material that demonstrates the similarity in the marks. What are the potential remedies for trademark infringement? In some cases, the trademark or service mark owner may collect damages from the infringer and/or may enjoin the infringer through court order to stop infringing on your companies trademark or service mark. Another possible remedy is a court order the destruction of the infringing products. See 15 U.S.C. § 1118. A company's trademarks and service marks embody the reputation of its products and/or services. It is important for a company to be able to protect its reputation and keep its customers through the proper use of trademark and service marks. If a business took the time to obtain and properly use a mark, it is likely an asset worth protecting.

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