Trademark Infringement Litigation

In New York Trademark Infringement Litigation involves disputes relating to trademarks, which are used by businesses and organisations as a means of identification. Trademarks are used in marketing, advertising and product design to ensure that consumers become conscious of a particular brand or company. Over time these identifying symbols become quite lucrative, and add value to any products that bear them.

Trademark Infringement Litigation can therefore be a costly process, especially where it involves multinational or large corporations. When a case such as this is brought before the courts in New York, it falls to the lawyers representing the plaintiff to prove that the infringement has occurred. In order to do this they must convincingly demonstrate that a strong similarity exists between the two trademarks, such that consumers could potentially confuse the two. If they have any real life examples of such an occurrence, they will then present this to the court as part of their case.

There are a number of key factors which can affect the results of a litigation of this type. If both parties are geographically located in such a way as their markets do not conceivably overlap, then the courts can rule that infringement has not occurred. This can also be concluded if the products in question are noticeably different in appearance and function, although this is less likely. The possibility of market expansion by either the defendant or the plaintiff must also be considered.

Trademark infringement can be proved or disproved depending on the issue of consumer confusion. For this reason trademark infringement litigation is quite complex and can be difficult to predict. However a primary means of protecting one’s trademark from the outset is to ensure that it is properly and legally registered, which is best doing with the help of an experienced trademark infringement attorney from our firm.