Resolving Trademark-Related Disputes
Throughout my 40-year career as an intellectual property (IP) attorney, I have helped protect the companies, products and services of my clients. Not only do I assist them in clearing and registering their marks, but I also help them protect and defend their marks through litigation. At my firm, Lawrence G. Townsend, Intellectual Property Lawyer, I welcome the challenge that trademark litigation presents, and my success is grounded on careful preparation, effective trial strategy and aggressive negotiation.
If you have trademark litigation concerns, call my law firm at 415-906-2792. My offices are located in Concord and Greenbrae, and I welcome the opportunity to meet with you.
The Importance Of Trademark Protection
In the competitive marketplace, a strong brand identity is crucial for a business to stand out and succeed. Trademarks are an essential part of this identity, and protecting them is vital to preventing confusion, misuse and damage to a brand’s reputation.
As an attorney with 40 years of experience in California law, I have seen the severe impacts of inadequate trademark protection. By taking steps to register and defend your trademarks, you can safeguard the integrity of your brand as you aim for success.
Trademark protection involves more than just registration; it requires a strategy that includes monitoring for infringement, sending cease and desist letters, and litigating when necessary. At Lawrence G. Townsend, Intellectual Property Lawyer, I help clients navigate the landscape of trademark law to protect their IP rights and help preserve the value of their brands.
Common Trademark Disputes
However, even with proactive measures in place, trademark disputes can still arise and threaten the reputation and profitability of your brand. These conflicts can arise from various sources, including competitors, former employees and even unintentional third parties.
Some common trademark disputes include:
- Cybersquatting: This is the unauthorized use of a domain name that is identical to a trademark. It can also involve using a domain name that is confusingly similar to a trademark.
- Trademark infringement: This refers to an unauthorized use of a mark that is likely to confuse consumers.
- Trade dress infringement: This is the unauthorized use of the visual appearance of a product or service. Examples include packaging and design.
- False advertising: This involves misleading or deceptive advertising that damages the reputation of a competitor.
In California, trademark disputes can be litigated in state or federal court, depending on the circumstances. As an experienced trademark attorney, I have represented clients in state and federal courts and am well-versed in the nuances of California and federal trademark laws.
Steps I Can Take On Your Behalf
My experience in trademark litigation can be used to help you with the following:
- Representing you as a either a plaintiff or defendant in a trademark or trade dress infringement suit in a state or federal court throughout California, an arbitration or trial, or a proceeding before the Trademark Trial and Appeal Board
- Sending or responding to cease and desist letters
- Evaluating the validity of a trademark
- Assisting with an application for a preliminary injunction that, if granted, may end your case completely since the business that was using your name or mark will have to stop using it
- Cybersquatting and internet trademark litigation matters
For certain trademark litigation cases, I also seek out qualified experts who conduct trademark surveys as evidence that there is a likelihood of confusion among consumers who would encounter the products and services of the respective parties in the marketplace.
Trademark lawsuits can be filed in state or federal courts. Federally registered marks are governed by the federal Lanham Act, 15 U.S.C. Sections 1051-1127. If you have obtained a federal registration, your mark is presumed to be valid and to have nationwide rights.
Understanding The Lanham Act
The Lanham Act, also known as the Trademark Act of 1946, provides a framework for registering and protecting trademarks as well as remedies for trademark infringement. The act has undergone several amendments since its enactment in 1946. These updates include the expanded scope of trademark protection, the clarification of infringement standards and the introduction of new remedies for trademark owners. While the act provides strong protections for trademark owners, it also balances these rights with important exceptions and defenses, such as fair use and parody.
It is essential for a lawyer to have a deep understanding of the Lanham Act when developing legal strategies and managing complex issues in trademark litigation. I thoroughly understand the Lanham Act and its applications in California law, which allows me to provide comprehensive guidance to clients facing these types of legal concerns.
Schedule A Consultation Today
I welcome the opportunity to speak with you. Please call 415-906-2792 or complete this online contact form to schedule a consultation at my office in Concord or Greenbrae.