Basics of how to enforce trademark rights

| Dec 14, 2020 | Trademark Law |

Businesses and people produce many different products in New Jersey and sell to the general public or other businesses. Some similar products are produced by multiple different businesses though. It is important for these businesses to differentiate their product from the other similar ones on the market. This can be accomplished by having a logo or symbol that easily demonstrates that it is made by a particular company. Many times businesses will have these logos trademarked to ensure others cannot use it to sell their product.

However, if a certain brand is doing well, others may try to use a similar logo on their product to fool people into buying their product instead of the other popular one. This obviously can hurt the business who trademarked the logo in the first place. Companies who find themselves in this situation and enforce their trademark rights, but they may need to go through litigation to do so.

Elements of a trademark infringement lawsuit

In order to be successful in a trademark infringement lawsuit the company must be able to proved certain elements. First the company must prove that they in fact own a trademark on the logo in question. Next they must prove they have priority rights. Finally they must prove that the competitor’s logo is likely to cause confusion in the minds of the customers about who is creating a particular product.

If the company successfully proves those elements, they may be entitled to recover the profits they potentially lost, costs of the lawsuit and could obtain an injunction that prevents the other company to continue using the similar logo.

Many companies in New Jersey have trademarks to ensure consumers know it is their product that they are buying. These are important for the business and it is important that they can protect these trademarks to help their overall profits and success. Proving the various elements of trademark infringement can be complicated though and experienced attorneys may be able to guide one through the process.

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