What do you do if someone infringes your trademark?

If your trademark is being infringed, you need to tell the infringer to stop (typically by sending a “cease and desist” letter). If that doesn’t work and infringement persists, you should bring a lawsuit against the infringer.

How do I check a trademark infringement?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

What are the most common defenses to trademark infringement?

The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.

What is it called when someone uses your company name without permission?

The USPTO defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” Aside from ownership and seniority, the plaintiff in a …

What is the punishment for trademark infringement?

The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It’s also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.

What is the difference between copyright infringement and trademark infringement?

The main difference is that a trademark protects the unique identification of a brand or product (e.g. the logo of a brand) and must be applied for, whereas copyright prevents copying, reproduction, or distribution of specific work (such as music, written words, performances, and films) and is gained automatically if …

Is trademark infringement a crime?

Both counterfeiting and piracy are federal crimes. If such issues are a part of your claim of trademark infringement, those suspicions should be reported to the appropriate federal agency. The duty complaint agent at your local Federal Bureau of Investigations (FBI) office can accept your initial complaint.

How do I stop IP infringement?

How to avoid infringing on others’ IP

  1. Search and be sure. It is good business practice to conduct a search as early as possible.
  2. Identify your IP.
  3. Get permission for source material.
  4. Retain ownership records.
  5. Get advice.
  6. Stop the infringing conduct.
  7. Responding to an empty threat.

What burden of proof must the plaintiff meet in trademark infringement cases?

§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant’s use of the mark to identify goods or services causes a likelihood of confusion.