Question: How Do You Win A Trademark Infringement Lawsuit?

Can you sue someone for trademark infringement?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances.

However, in most cases, trademark owners choose to sue for infringement in federal court..

How do I know if I am infringing on a trademark?

THE 8-FACTOR TRADEMARK INFRINGEMENT TESTSTRENGTH OF THE SENIOR MARK. … RELATEDNESS OF THE PRODUCTS. … SIMILARITY OF THE MARKS. … EVIDENCE OF ACTUAL CONFUSION. … MARKETING CHANNELS USED. … LIKELY DEGREE OF PURCHASER CARE. … THE INTENT OF DEFENDANT IN SELECTING THE MARK. … LIKELIHOOD OF EXPANSION OF THE PRODUCT LINES.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

Can you fight a trademark?

How can I challenge a trademark registration or application? … You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

How much can you sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

How do you fight a trademark infringement?

If so, you do have the option to fight and challenge their claims to exclusive rights in that trademark. You can “oppose” a pending federal registration. You can file a petition to “cancel” a registered trademark. You might even be able to take this to court and ask for a variety of remedies.