Enforcement options for trademark litigation

| Apr 24, 2020 | Intellectual Property Litigation |

Trademark infringement is a problem for many New Jersey companies. Trademark laws come from both federal laws and state laws, making it possible to work out these disputes in either state or federal court. There are several options for enforcing trademark rights in New Jersey.

Enforcement is important for all types of intellectual property. There are four different options a company can use. The first is a cease-and-desist demand. This is usually the first step where the infringer receives notice as to what they are doing. If the infringement continues, a cease-and-desist demand can make it easier to show that their conduct was willful. The second option for a company is a declaratory judgment. This asks the court to make a legal determination without ordering any other type of assistance. Injunctive relief is another common trademark litigation procedure. It is a court order that orders the infringer to stop using the trademark. Finally, monetary damages can be available in both state and federal courts. Damages are usually determined by the profit that an infringer realized along with damages suffered by the trademark holder.

A company who is facing trademark issues on their products may want to speak with an attorney who specializes in trademark law. An attorney understands that trademarks are very important for a company and it is critical that they are protected. An attorney can help a company protect their brand, their image and their trademark interests. If there are trademark infringements, they can advise their client as to what options they may have.

Companies have dedicated time and money towards their products. It is important that their intellectual property is protected from any infringement.

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