Trademark Infringement Attorney

The work of a New York Trademark Infringement Attorney focuses on the establishment and protection of trademarks. The vast majority of major companies make use of registered trademarks as a means of identification to the public. All multinational companies ensure that their trademarks are recognised all over the world, and are fiercely protective of these identifying logos.

Trademark infringement is a complex issue, which can be defined differently in different countries. In New York cases of trademark infringement center on the issue of whether the trademark being used by the defending party infringes on that of the original trademark owner. In order for infringement to be recognised, it must be shown that the trademarks are similar enough to be easily confused by consumers. This can pertain to consumers in the same geographical area, or to consumers in the same market. In order for this to hold both trademarks do not need to be identical, they merely have to be shown to be similar enough in appearance that confusion might occur.

A New York Trademark Infringement Attorney from our firm will work to show that this issue of confusion will arise, or of course to demonstrate that it does not, depending on which party in the dispute has retained his or her services. There are currently a number of factors which are used to assess the likelihood of this problem occurring, and thereby to determine if trademark infringement has occurred. One of the major considerations is how widely recognised the original trademark has become. A second factor is how similar both products are to each other, in terms of function and appearance. Another issue that will also be considered is whether the physical markets for these two products overlap. If there are any real-life occurrences of actual mix-ups then these will most definitely be brought before the courts, in order to prove that the issue of trademark infringement is a veritable problem.