Aggressive Trademark Infringement Advocacy

Your valuable trademark, service mark and trade dress assets assist you in expressing your company's integrity, good will and identity. Your customers rely on your branding efforts to know that they are purchasing the quality products from you that they want. If infringement of your trademark is threatening your brand, it is vital for you to take prompt action.

The nuances of trademark law differ significantly from other types of intellectual property law. Trademark infringement can immediately begin to dilute your brand. Failing to promptly address trademark infringement can adversely affect your intellectual property rights. You can lose the right to enforce a trademark entirely if you do not take action.

Personalizing Your Trademark Protection Strategy

At Braxton, Hilton & Perrone, we take trademark infringement seriously. Our experienced intellectual property lawyers work as a team to protect the branding efforts of our clients with aggressive advocacy inside and outside of the courtroom. We will work with you to craft the best legal strategies to protect your best interests, including:

  • Trademark opposition and cancellation proceedings: If an individual or business is seeking to register a mark through the United States Patent and Trademark Office, or has already been issued a trademark registration you may be able to initiate an opposition or cancellation proceeding before the Trademark Trial and Appeal Board. Moreover, if the trademark dispute centers on the likelihood of confusion between two marks, an adverse decision from the TTAB may be binding in trademark litigation in federal court. It is crucial to work with a knowledgeable trademark attorney to understand your rights.
  • Cease and desist demands: Some businesses move forward with a business plan and branding without seeking intellectual property counseling. Another company or an individual may unwittingly infringe upon your brand. Such infringement can also be intentional. We can draft a cease and desist demand to place the offending company or individual on notice of the infringement, demand that they cease all infringing uses, and possibly seek compensation for their infringing activities. A cease and desist demand may resolve the problem efficiently without it being necessary to initiate a lawsuit. If the offender continues to trade on your brand, the cease and desist notice may be valuable evidence in litigation to show that the infringement is willful.
  • Injunctive relief: A court order directing an infringing party to stop using a mark is a common solution to trademark infringement. We thoroughly advise clients on the cost-benefit analysis of seeking injunctive relief.
  • Trademark litigation: Trademark infringement can directly impact a company's bottom line. We will explain the potential damages that you may be able to recover in a trademark infringement lawsuit. Courts can order an infringing company to turn over the profits they made as a result of their infringing activities, or losses that your company sustained as a result of the infringement. Enhanced damages may be obtainable if the infringement is proven to be willful.

To learn how the power of more than 35 years of combined intellectual property experience can protect your brand, send us an email or call 469-814-8296. The initial consultation is free. Our team of attorneys will stand strong to protect your good name.