Question 1

What Is Trademark Infringement?

Accepted Answer

Trademark infringement occurs when one party uses a name, logo, slogan, or other identifying mark that claimed to be the same as or confusingly similar a registered trademark. Infringement can mislead consumers, damage a registrant’s reputation, and weaken the value of a brand. Under the Lanham Act, trademark owners have the right to bring legal action to stop unauthorized use and seek compensation for damages.

Question 2

Can a Federal Infringement Lawsuit Be Brought?

Accepted Answer

Even though a trademark technically vests when it used in commerce, a federal trademark infringement lawsuit cannot be brought unless the mark is registered with the United States Patent and Trademark Office (USPTO). Federal registration provides enhanced legal protection, including:
	The legal presumption that the mark is properly owned by the registrant nationwide.
	The exclusive right to use the mark in connection with the listed goods or services.
	The ability to sue for infringement in federal court.
	Access to statutory damages, attorney’s fees, and other powerful enforcement tools
	The right to record the mark with U.S. Customs and Border Protection to block imports of counterfeit goods.
If someone is using your registered trademark—or a mark that is confusingly similar—you are entitled to take legal action to stop the infringement. A trademark litigation lawyer at MDK Law can help you assess the strength of your claim, gather evidence of unauthorized use, and pursue enforcement options tailored to your business goals.

Question 3

How is Trademark Infringement Fought?

Accepted Answer

We begin by evaluating the scope and impact of the infringement and advising of the appropriate next steps, such as sending a cease-and-desist letter or filing a lawsuit in federal court. Our goal is to stop the infringement quickly and efficiently while protecting the value of your brand through injunctive relief, monetary damages, negotiated resolutions, and, in some cases, litigation.

Fighting infringement typically involves several steps:
1.	Evidence Collection – Document the unauthorized use and establish that your mark is legally protected.
2.	Cease-and-Desist Letter – A formal notice demanding the infringing party stop their unlawful use.
3.	Negotiation – If the infringer responds, it may be possible to negotiate a resolution to protect your rights.
4.	Litigation – If informal efforts fail, we can initiate a federal lawsuit seeking injunctive relief and damages.
As trademark infringement attorneys, MDK Law will help determine the most cost-effective and strategic approach for enforcement, depending on the severity and scope of the infringement.

Question 4

What Are the Defenses to a Trademark Infringement Claim?

Accepted Answer

If an individual has been accused of trademark infringement, there are several possible defenses, including:
	No Likelihood of Confusion – The marks are not actually confusing to consumers.
	Descriptive Fair Use – The term used is descriptive and not used as a trademark.
	Parody or Free Speech – The use qualifies as protected expression under the First Amendment.
	Lack of Use in Commerce – The trademark owner hasn't used the mark in a way that qualifies for federal protection.
	Abandonment – The trademark owner has not used the mark for an extended period of time.

Question 5

How Much Does It Cost to Sue for Trademark Infringement?

Accepted Answer

The cost of a trademark infringement lawsuit varies widely depending on the complexity of the case, whether it proceeds to trial, and how the other party responds. Most cases begin with legal consultation and demand letters, which may cost several hundred to a few thousand dollars.
Full-scale litigation in federal court can cost $100,000 or more, especially if expert testimony, discovery, and appeals are involved. At MDK Law, we work with clients to create cost-effective strategies and explore resolution options that align with client business priorities.

Question 6

How Are Trademark Infringement Damages Calculated?

Accepted Answer

Damages in trademark litigation can include:
	Actual damages – Lost profits and harm suffered by the trademark owner as a result of the infringement. 
	Disgorgement of profits – Profits earned by the infringing party
	Statutory damages – In certain counterfeit cases, statutory damages may be payable. 
	Injunctive relief – Court orders to stop the infringing activity. 
	Attorney’s fees – These may be awarded in limited circumstances. 
Our trademark litigation lawyers help calculate and pursue appropriate damages based on your case’s facts and the harm caused to your business.

Question 7

Can a Trademark Dispute Be Resolved Without Litigation?

Accepted Answer

Many trademark disputes are resolved without filing a lawsuit. Common alternatives include:
	Cease-and-desist letters
	Coexistence agreements
	Trademark assignment or licensing agreements
	Mediation or arbitration
Our attorneys will evaluate the best resolution strategy for your specific situation and work to avoid costly litigation when possible. However, if court action becomes necessary, we are fully prepared to tenaciously advocate for your rights.

Question 8

How is Trademark Infringement Determined?

Accepted Answer

Trademark infringement occurs when one party uses a name, logo, slogan, or other identifying mark that is so similar to a registered trademark that it causes consumer confusion. The mark does not need to be identical; if the mark is not identical the question of consumer confusion arises. 
Determining whether infringement has occurred isn’t always straightforward. The USPTO and federal courts rely on a multifactor analysis to evaluate whether a violation has taken place.
Key factors that courts and examiners consider include:
	Similarity of the Marks – Do the marks look or sound alike? Do they convey a similar meaning? Even slight differences may not be enough to avoid confusion if the overall impression is too similar.
	Similarity of the Goods or Services – Are the products or services closely related or marketed through similar channels? Infringement is more likely if the marks are used in overlapping industries or to target the same audience.
	Evidence of Actual Confusion – Instances where consumers have genuinely mistaken one brand for another can be powerful proof of infringement, although it is not strictly required.
	Strength or Distinctiveness of the Original Mark – The more unique and well-known the original mark is, the broader the protection it receives. Fanciful, arbitrary, and suggestive marks receive stronger legal protection than generic or descriptive ones.
	Intent of the Infringing Party – If the party using the similar mark appears to be intentionally trading on the reputation of the original brand, this weighs heavily in favor of a finding of infringement.
	Marketing Channels and Target Demographics – Similarity in how and to whom the goods or services are marketed also increases the likelihood of confusion.
	Likelihood of Expansion – If both businesses are likely to grow into overlapping markets, infringement may be found even if current competition is minimal.
If another company is using a name, logo, or brand element that is confusingly similar to yours—especially within the same or a related field—there’s a strong chance it may qualify as infringement. This can lead to lost business, dilution of your brand, and long-term damage to your reputation.

Trademark Litigation Lawyers & Trademark Infringement Attorneys

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