Trademark Litigation

Overview 

When trademark disputes arise and valuable trademark rights are at stake, it pays to have seasoned litigators on your side. At Hackler Daghighian Martino & Novak, we provide aggressive counsel to entrepreneurs and business owners to resolve their trademark disputes. Our team includes seasoned trial lawyers with the technical knowledge needed to handle complex cases, and the business knowledge required to understand what these cases mean to our clients. We have handled cases that span numerous industries and implicate all types of trademark rights. Our experienced lawyers have a demonstrated track record of success, and we take a proactive approach to ensure your business is protected both now and in the future. Whether it’s for defending or prosecuting a trademark case, we assess the potential risks and rewards, and provide creative solutions for clients of all sizes.   

Taking Legal Action After A Trademark Violation

Trademark infringement occurs when use of a mark by another would likely to confuse consumers as to the source of the goods or services. Generally, to establish infringement, the owner must show that: (1) it owns a valid and legally protectable mark, and (2) the alleged infringer’s use of the mark in commerce causes a likelihood of confusion about the source of goods or services. The primary focus of an infringement claim is “likelihood of confusion.” In deciding whether likelihood of confusion exists, courts typically consider the following factors: (1) the similarity of the marks in sound, meaning and appearance; (2) the proximity of the goods; (3) the strength of the owner’s mark; (4) the similarity of marketing and advertising channels used; (5) how careful the typical consumer is likely to be before making a purchase; (6) evidence of actual confusion; and (7) the alleged infringer’s intent in choosing the mark. 

When other parties use your trademarks without your authorization, you may need to engage in trademark litigation to resolve the issue. By partnering with you and understanding your business objectives, we can craft strategies to effectively, efficiently and aggressively enforce your trademark rights.

Engaging In Trademark Litigation

If an individual or entity has infringed on your trademark, you should take swift legal action to protect your business as effectively as possible. Generally, there are three main claims asserted in a trademark action: trademark infringement, unfair competition, and trademark dilution. The trademark litigation process begins by filing a complaint claiming that trademark infringement and/or unfair competition have taken place. You may also request a preliminary injunction to halt further infringement on the mark and ask for an expedited hearing. The judge may grant this motion, and could allow for the hearing to become part of an expedited trial.

HDMN’s attorneys are skilled in all phases of trademark litigation, including applications for emergency injunctive relief (temporary restraining orders, preliminary injunctions and seizures), declaratory judgment proceedings, trials, and appeals. Also, our attorneys work with clients to creatively tackle trademark disputes.  For instance, we regularly litigate trademark matters on a contingency fee basis – which provides clients with the services of accomplished trademark litigators, without the burden and uncertainty of legal bills.  

Consult With A Trademark Litigation Attorney Today

If you would like more information on how you can assert or defend trademark infringement through swift legal action, consult with one of our skilled trademark litigation attorneys.  We proudly serve clients in Southern California and across the United States. Give us a call today or contact us online for a free consultation.