TRADEMARK INFRINGEMENT LAWYERS
Should I hire a Florida trademark infringement lawyer?
Trademarks help distinguish your company’s products or services from the competition. Your company should be concerned about trademark infringement. If another company uses a trademark that is the same or similar to that of your company, your company may lose profits. Alcoba Law Group, P.A. recommends that you hire a trademark litigation attorney if you suspect a company is infringing your mark or if you are being accused of trademark infringement.
In a trademark infringement lawsuit, a plaintiff has the burden of proving that the defendant’s use of a mark has created a likelihood-of-confusion about the origin of the plaintiff’s goods or services. The plaintiff has to show that it has a legal right in a trademark and that the defendant is using a confusingly similar mark creating a likelihood of confusion, mistake or deception with consumers.
A trademark litigation attorney must analyze the likelihood of confusion factors prior to filing a trademark infringement lawsuit or when defending a trademark infringement lawsuit. Courts generally consider the following likelihood of confusion factors when determining whether trademark infringement has occurred:
- the similarity in the overall impression created by the two marks;
- the similarities of the goods and services involved;
- the strength of the plaintiff’s mark;
- any evidence of actual confusion by consumers;
- the intent of the defendant in adopting its mark;
- the physical proximity of the goods in the retail marketplace; and
- the degree of care likely to be exercised by the consumer.
If your company has been the victim of infringement or has been accused of trademark infringement, we can help you.