Eldorado, FL—A trademark is a symbol, logo, or even a phrase that is often used by businesses to distinguish themselves from competitors. Trademarks are considered property and can only be used by the party it belongs to. When another person or business uses a trademark that doesn’t belong to them in an effort to bring harm upon the business or to profit from it, they can be sued for trademark infringement.
What is trademark infringement?
Trademark infringement is when someone uses a trademark in which they have no rights to to make a sale, advertise, or to offer for sale goods or services which will likely “cause confusion, to cause mistake, or to deceive.”1 Take for example Nike’s signature phrase “Just Do It.” If another company were to print t-shirts with the same phrase and check mark logo the company is known for using to make a sale, they could be sued for trademark infringement.
What happens when someone is sued for trademark infringement?
If a company in Florida believes their trademark has been used by another party which has caused confusion among consumers and/or has impacted their sales, they can demand that the party who illegally used their trademark provide them with damages. Damages is just another way of saying “financial relief” and the term is often used in civil cases.
Some of the damages an individual might be entitled to recover if their trademark infringement lawsuit is successful include2:
- The profits the defendant earned as a result of using the trademark.
- The damages the plaintiff (i.e. the victim in the case) suffered.
- Legal fees.
In addition to awarding an individual or business with monetary relief, the court might also order the infringing party to stop using the trademark as well as destroy any property that was made using the trademark.
Does a business need a lawyer to sue for trademark infringement in Florida?
While an individual or business can initiate the action themselves, it is always a good idea for someone looking to sue for trademark infringement to hire an Eldorado, FL business law attorney for help. A business lawyer will know exactly what forms need to be filed with the court and can assist an individual with collecting the evidence they need to show the court that another party violated their trademark rights.
To connect with a business law lawyer in the Eldorado area now, call 407-395-2653 to get in touch with Legal Counsel P.A.
Legal Counsel P.A. is located at:
189 S. Orange Avenue, Ste. 1800
Eldorado, FL 32801
Email: [email protected]