Trademarks are key for the success of your business. They allow you to distinguish the products that you are selling or the services that you are offering from those of other businesses. If your trademark is infringed on by others, you may want to take your case to court and seek an injunction. In order to do this, you will need the services of a trademark infringement lawyer.
Trademark litigation can be confusing. There are several factors that need to be considered. The first question that needs to be answered is, what is trademark infringement? For example, you may have a hamburger restaurant. The name of your hamburger restaurant is Alpine Hamburgers. It is the name that is on your sign, packaging, website, and all of your marketing.
On the other side of town, you see that there is a sandwich joint that is also called Alpine Hamburgers. Is that trademark infringement? Your trademark infringement lawyer can give you the best answer. However, if you do have a federal trademark, it is likely that you have a good case for infringement, especially if another business is using your name and is selling the same type of product that you sell.
Even if you don’t have a federal trademark, most states have unfair competition laws. This would prevent another business from opening up with the same name and selling the same products just a couple blocks away from you. Your trademark infringement lawyer will be able to help you clarify any questions you have on the subject.