Collin County Trademark Infringement Litigation Law Firm
For many North Texas businesses a trademark will be one of their most valuable assets. Sometimes, as businesses grow they will require the services of a trademark infringement litigation attorney. Protecting brand identity is critical for a company to profit and grow, though confusion can arise when similar signs, logos and taglines are used by competing businesses. At Lucé Evans Law, we can help you prevent unwanted infringements and protect your trademarks.
Trademark Infringement Litigation
According to Texas law, a trademark is a word, name, symbol or device used to identify and distinguish a person’s goods from the goods sold by another. A trademark is also used to identify the source of the goods, thus providing benefits for the business as well as its clients and customers.
A trademark is used to help develop a clear brand identity. This branding can be used to grow a business through reputation and consumer trust. In the same way, consumers are protected too, as they can easily identify products and their origins without confusion.
An Overview of Our Trademark Infringement Process
When another business or organization is infringing on your trademark, Lucé Evans Law can help. Our intellectual property attorneys will assess your dispute and represent you in the protection of your trademark rights. A trademark infringement case typically arises when a competitor is using words, names, symbols or products that are likely to cause confusion among consumers.
While each case will vary, our McKinney trademark infringement attorneys usually focus on the following factors.
- Stopping an infringer from continuing to use the trademark.
- Secure monetary damages for unauthorized use of the trademark or other infringing actions.
- Seek to recover attorneys’ fees from the infringing party.
Proving the similarities between trademarks and their impact on consumer behavior can be complex. Therefore, representation from experienced attorneys is crucial. At Lucé Evans Law, we understand the strategies required to build a compelling case to ensure your intellectual property is protected.
Common Questions About Trademark Infringement Litigation
The amount of damages varies in each case. However, Texas law states that the amount cannot exceed three times the amount of profit and damages gained through unlawful use of the trademark.
While there is no requirement to register a trademark under common law ownership rights, you may register with the Texas Secretary of State and the United States Patent and Trademark Office. Our attorneys can assist with trademark registration and legal protection of your intellectual property.
No. Many cases are resolved through negotiation. However, it may be necessary to pursue litigation to uphold your trademark rights.