by Traverse Legal, reviewed by Enrico Schaefer - August 18, 2009 - i. Trademark Infringement Lawsuits
Whether you have been threatened with a trademark lawsuit or you have actually been named a defendant in a trademark lawsuit, you are now at the point where you need to identify and retain a trademark attorney. In these situations, a trial lawyer with trademark experience is the kind of counsel that will be able to provide not only the substantive trademark knowledge necessary for these trademark lawsuits but also the trial abilities required to defend them. It is the trial attorney that will be able to help you navigate your way through the trademark litigation, which will include answering the trademark complaint, filing and/or responding to various motions, and ultimately defending your position in a trial before a judge or jury.
While there may be strategies to avoid trademark litigation prior to being served with a complaint, once you are indeed named a defendant in a complaint, litigation is in fact your only option. Thus, it is important that you have a trademark trial attorney who is able to identify the best way to resolve your matter in a timely and least costly fashion. While you may not have been given the choice to avoid this litigation, it may be possible to resolve it via early settlement, alternative dispute resolution, or substantively through litigation. An experienced trademark litigation attorney will know what strategies are possible based upon your particular set of facts and circumstances.
A clear understanding of the trademark rights at issue, all background information related to your use of the trademark or trademarks at issue, and other considerations pertaining to the specific causes of action, which may include trademark infringement, trademark dilution, unfair competition, or cybersquatting, will be critical. A strategy that may include responding and fighting back or one that tries to negotiate an early resolution may depend upon the aforementioned analysis.
Ultimately, a trademark lawsuit is likely going to be best handled by a trademark trial lawyer. Therefore, it is important that you identify trademark trial lawyers who will be able to perform the necessary tasks that will be presented as part of trademark litigation. You can contact us today to discuss retention of one of our trademark trial lawyers and representation in defending trademark litigation.
For more information on trademarks; registration, opposition, infringement, how-to, cease and desist letters and the USPTO;
How to Trademark: What Are USPTO Office Actions and How Should You handle Them?
How to Trademark: Top 5 Benefits of Trademark Registration
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
