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Trademark Infringement Litigation

Your brand embodies everything you’ve put into your business. Protect it.

What is trademark infringement?

In simple terms, trademark Infringement is when someone else is using a trademark that is likely to cause of confusion with the use of your trademark. To have a claim for trademark infringement, you must be senior user of the trademark, meaning you used it before the other side starting using their mark. While “registration” of a trademark brings many benefits, it is NOT required. You have “common law” trademark rights once you start using your trademark in commerce.

Likelihood of confusion:

To win a trademark infringement lawsuit, you must prove a “likelihood of confusion” exists between the two marks at issue. This is a multi-factor test that addresses the mark, the associated goods and services, the channels of trade, and sophistication of the purchasers, among other factors. However, the most important elements are typically the similarity between the two marks at issue and the underlying goods or services at issue. If the marks and goods and services are similar, then a valid trademark infringement claim may exist.

Actual confusion

Actual confusion does not ask for hypotheticals. Instead, it is when there is real evidence of consumer confusion. For example, consumers returning items to the wrong company, calling the wrong company, or leaving social media reviews/comments related to the wrong company. Evidence of actual confusion can be a strong piece of evidence to support a trademark infringement claim.

What damages are available?

Pursuant to 15 U.S.C. § 1117, a trademark infringement plaintiff may recover (1) its losses, (2) the defendant’s profits, and (3) the costs of the action. The court has the power to triple the damages or otherwise adjust the damages based on the facts of the case. Under certain circumstances, a plaintiff may have a claim for “trademark counterfeiting” that permits recovery of a maximum of $2,000,000 for willful infringement.

Revision Legal’s Trademark Experience

Obtained Judgments of $100,000,000+ in Anti-Counterfeiting Litigation.

Revision Legal has represented several rights holders that fought against overseas infringers. Through this specialized litigation, known as “Schedule A litigation,” Revision Legal has obtained nine figures worth of judgments against the defendants and has collected over $1,000,000 for its clients.

Six Figure Settlements – Cybersquatting:

Revision Legal has represented several plaintiffs fighting back against competitors that registered confusingly similar domain names to the plaintiffs’ trademarks. Through demand letters and federal court litigation, Revision Legal has collected settlements and final judgments well into the six figures for its clients.

Five Figure Settlement - Online Retailer – Trademark:

Revision Legal represented an online retailer that was confronted with a competitor using a confusingly similar trademark. After settlement negotiations failed, Revision Legal filed a federal court trademark infringement lawsuit. A favorable settlement was obtained soon after the lawsuit was filed.

Trademark Portfolio

Revision Legal maintains a trademark portfolio of over 1,000 registered trademarks on behalf of our clients. We monitor our clients marks and take proactive steps to guard against infringement and protect their registrations.

Trademark Monitoring

We monitor all trademark applications to determine if any pose a risk to our clients’ marks. This proactive approach saves money by vetting and solving problems early in the process. Learn more about our trademark monitor services.

Light Reading
Revision Legal’s Trademark Comic

Learn about the trademark registration process, the benefits of registration and the risks that come with waiting to file.

Take Action

Free Trademark Infringement Evaluation

If you believe another company is infringing on your trademark rights, do not delay in reaching out for a free assessment. You should act quickly to combat trademark infringement. Contact our office with the relevant facts and timeline of events and our trademark infringement attorneys will evaluate your claim at no cost.

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