Klein & Wilson

Understanding the value of protecting business trademark rights

When your California business invests time, money and manpower into developing a brand and the goodwill that goes with it, the resulting trademark is worth protecting. This trademark is an important and valuable asset that identifies your company as the source of your products. When competitors take advantage of this and attempt to capitalize on that goodwill and value, our firm may be able to help.

If you don't defend your mark against unscrupulous use of a confusingly similar mark by competitors, you may put those hard-earned rights in jeopardy. Additionally, the goodwill may be tarnished by the existence of lesser-quality knock-offs on the market. Consumers may believe that the original product and any trademarks associated with it are signs of poor quality.

If your use of the mark has priority over competitors, meaning that you were using it in commerce before them, legal action may be the way to stop that infringement. This legal action may result in damages or a court order to prevent the competitor from using the mark in the future. For counterfeits, the money damages may be tripled by a court. Your company could also receive compensation for attorneys' fees spent defending the mark in some cases.

Our firm focuses on protection of intellectual property, from trademark infringement to trade secrets litigation. Our experienced attorneys may be able to avoid an expensive trial by negotiating a settlement with the infringing party. This can lead to a favorable result while saving time and money for your company. If you would like more information on these matters, you are invited to visit our page on trademark infringement.

Source: Klein & Wilson, "Orange County Trademark Infringement Litigation Attorneys", December 02, 2014

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