Trademark litigation can be pursued if a party is using the same or a similar mark to that of the trademark owner’s Registered or “common-law” trademark rights. These marks must be sufficiently similar they are reasonably likely to cause consumer confusion, either through the similarity of the actual mark or the similarity of goods and services offered in conjunction with the mark. Litigation may be initiated to stop the other party from continuing the unauthorized use of the protected mark and for financial reimbursement for damages resulting from that unauthorized use. Also, if a purported trademark owner is unreasonably extending their trademark rights, it may be advantageous to initiate a lawsuit to seek a judicial determination of trademark invalidity or non-infringement to protect our client from threatened interference with its business.
As companies continue to come up with creative ways of using the advances of advertising on the Internet in order to compete, acts of trademark infringement, false advertising and unfair competition are on the rise. Our firm is actively involved in litigation in this ever changing landscape and can offer guidance as to where the law is clear and where the law remains uncertain. At Eastman & McCartney, our team is dedicated to staying on the forefront of intellectual property issues so that our clients are fully informed when making business decisions.