What are the consequences for trademark infringement? I own a registered trademark and a major company is using it.

Attorney answers (4)

1. Licensed in VA

   

   Ian Titley

   Richmond Trademark Infringement Attorney

   Contributor Level 9

   Answered September 27, 2010 20:14. Another point to consider in addition to the answers already listed is how the major company is using your trademark. Delta Airlines and Delta Faucets both use the word "Delta" but they are not infringing because no one will be confused that the airline and the faucet company are the same. There are no consequences unless there is infringement, and Infringement only occurs if there is likely to be confusion.

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2. 

   Daniel Ballard

   Sacramento Trademark Infringement Attorney

   Contributor Level 19

   1

   Helpful vote

   Answered September 24, 2010 07:58. You first need to know, and internalize as truth, that proving trademark infringement and the alleged damages that flow from that infringement is never, ever simple [or inexpensive]. And any client who thinks so is a client not worth having.
   
   To learn a superficial bit about "trademark infringement" and "trademark damages" query Google for those phrases and read up on those subjects. A readable law review article that discusses trademark damages is here: http://j.mp/cm7Hcn . After you learn a bit, speak with an intellectual property attorney licensed to practice in your state to discuss your specific situation. Good luck.

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3. 

   Francine Ward

   Mill Valley Intellectual Property Law Attorney

   Contributor Level 8

   Answered September 24, 2010 20:29. Among the consequences of trademark infringement, you can possibly get the court to stop the infringer from using your mark and in ome instances, you can get money to compensate you for certain losses you incurred by them infringing your mark.
   
   However, before you think of what you can get, you should firts make sure:
   
   1. You have a valid registered trademark
   2. That it is still protected (people often lose their protection because they didn't attend to all the necessary legal formalities e,g., file appropriate documents at the appropriate time.
   
   Follow me at: www.Twitter/.francineward or check out my blog (www.francinewardblog.com)

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4. 

   Steven M. Shape

   Racine Trademark Infringement Attorney

   Contributor Level 10

   Answered September 27, 2010 05:13. An injunction and damages are the potential consequences for an infringer if trademark infringement is proven. However, trademark infringement is a complicated subject and can have many nuances that are not easily understood by those who do not specialize in this area of the law. For instance, if the potential infringer has used the mark before you, regardless of your registration date, they may have rights superior to yours.
   
   Your most prudent and cost effective path would be to conduct an internet search on the topic, gain some general knowledge and contact an attorney specializing in intellectual property to guide you in your next steps. Good luck.
   
   Disclaimer: This answer does not establish an attorney-client relationship and does not constitute legal advice. It is for general information purposes only.

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