Consequences of Not Protecting Your Brand and Trademarks
If someone is exploiting your brand without your consent make sure you enforce your rights quickly. Inaction is sanctioned by ‘laches”: a defense that punishes the plaintiff for unreasonably delaying enforcement of his intellectual property rights. #Trademark infringement is the unauthorized use of a mark in such a way that is likely to cause confusion or deception in the public about the source of the goods or services. Elements to consider are the visual, phonetic or conceptual similarities between the marks, the degree of relatedness of channels of distribution, the defendant’s intent, the degree of sophistication by the consumer, evidence of actual confusion, the strength of the marks, etc. Remedies available are injunctions to stop the infringing acts, seizure and destruction of the infringing goods, damages, attorney fees, etc. You went through blood, sweat, tears and toil to register your brand, reputation and to grow your market share. Do not lose your rights due to inaction. Has your company been sued for trademark infringement, or are you considering suing for trademark infringement? If so, then let’s discuss your options, costs, time frame and likelihood of success as a plaintiff or as a defendant.