Trademark Infringement Defence

When accused of trademark infringement in New York, it is essential for the defendant to prepare an excellent trademark infringement defence, as the penalties associated with this issue can be extremely severe. A positive aspect from the point of view of the defendant however, is that it can sometimes be difficult to prove conclusively that infringement has occurred.

Trademark infringement is the term that is used when two companies or organisations are making use of trademarks that are so similar as to be easily confused. Once a trademark has been registered, it is not permitted for another group or individual to make use of the same trademark for marketing, advertising or other business purposes. A trademark can be extremely valuable, especially in cases where a company has built up a reputation and a particular image amongst consumers. For this reason the majority of companies are extremely protective of their trademarks, and will issue legal proceedings if they feel that infringement has occurred.

In order to mount an effective trademark infringement defence in New York, the defendant must demonstrate that the trademarks are not sufficiently similar that they might confuse consumers. They can also demonstrate that the markets of both companies are sufficiently diverse from each other that this issue cannot arise. This can be a geographical issue, or it can pertain to the nature of the products or services in question.

The penalties for trademark infringement include an order to cease and desist from using the trademark immediately. The defendant may also be forced to pay damages relating to loss of earnings due to the infringement, or damage to the reputation of the plaintiff’s brand. An extremely costly potential penalty is that the defendant may be instructed to turn over all income gained while the infringing trademark was in use, which can effectively terminate a small business. Therefore it is extremely important that a skilled litigator such as those available from our firm be retained in a case like this, so that the best possible trademark infringement defense can be mounted.