An Orange County commercial litigation attorney provides you with the best resource to fully understand trademark infringement issues. Trademark infringement cases can involve proprietary rights you may have, liabilities you are exposed to, and your potential remedies. It is important to begin by understanding the basics.
How is a trademark defined?
The U.S. Patent and Trademark Office definition of a trademark is this: “A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.”
What legal issues are involved with trademark infringements?
- You need to protect your business against trademark infringement. This requires a complete and thorough search to ensure the trademark you wish to use is not in current use by any other entity.
- You may need to defend your business against inadvertent liability for trademark infringement, such if a name, or product or service you have used may be considered as infringing upon an existing trademark.
Creating a risk of trademark infringement
As more unique and singular businesses are created, the more issues of trademark infringement are likely to occur. Existing companies now, more then ever, are more willing to pursue claims against small business owners who, perhaps inadvertently, create a trademark infringement.
What issues are relevant in trademark infringement?
- How likely is confusion by both name and by the similarity of the product?
- How sophisticated is the potential consumer?
These issues are among the preliminary topics to be considered. If you need protection against a trademark infringement or if you have been accused of such a violation, an Orange County commercial litigation lawyer can help you understand this complex and often misunderstood area of law and provide you the best possible result for your individual situation.
Do not hesitate to call the law offices of the experienced Orange County commercial litigation lawyers at Daily Aljian LLP today for a free initial consultation.