Trade Name Infringement Cases
Trademark Lawyers Providing Aggressive Solutions for Trade Name Infringement
Businesses put a great deal of time and effort into their brands, and one of the most important components is the company name. The name is often representative of its entire philosophy and the first thing that potential customers recognize about a company. Once a business has established its customer base, its name becomes its calling card, something that signals to consumers that they can expect the same level of products and services that initially made them a customer.
Unfortunately, sometimes others take advantage of a company’s good name by infringing upon it or using the company’s name without its permission. Thankfully, in most cases, when this happens, trademark lawyers can help trade name infringement victims fight to protect the solid reputations that they spent years, even decades, building.
How Much Damage Can Trade Name Infringement Do to My Business?
The level of damage that can be inflicted upon a business due to trade name infringement is more devastating and far-reaching than many realize. This can be especially true for businesses that fail to register a trademark for their name, because it can leave them more vulnerable to trade name infringement.
While it is always a good idea to register a trademark for your company’s name, in some cases, the process can take months and even years to complete. Meanwhile, the mark will not resolve any acts of trade name infringement that had already taken place at the time the application was being processed. In such instances, where a trade name was not under the protection at the time of infringement, trademark lawyers can still help clients claim infringement based upon:
- The Lanham Act
- Unfair competition
- A common law trademark
Still, even if a company’s name is officially trademarked, it can be the victim of infringement or unauthorized use of its trade name, which can hurt its business in several ways, including:
- Confusing consumers
- Profit losses
- Hurting the good reputation a business had established and attached to its trade name
While trade name infringement can take place whether a company’s name is trademarked or not, having a trade name that is trademarked raises the odds for recovering damages through trademark infringement litigation. For a trade name to be trademarked under trademark law, the name must:
- Not be “generic” – Identify the company’s services and products in a distinctive manner
- Have become a “secondary meaning” – Have been used exclusively by the business and for enough time that it is generally understood by consumers that use of the name means products and services that use it are coming from a single source
Once it has been established that a business’ name has a valid trademark under trademark law, the next step is to prove “likelihood of confusion.” That involves showing how the defendant using the same name or a similar name is likely to cause confusion between the two entities amongst the purchasing public. After “likelihood of confusion” has been established, an experienced trademark attorney can:
- Obtain an injunction to prevent further use of the infringing trade name
- Secure damages for the company’s profit loss due to the trade name infringement and the defendant’s profit gain due to the infringement
What Can a Trademark Lawyer Do to Help Trade Name Infringement Victims?
Los Angeles trademark attorney Robert G. Klein has been practicing law since 1987. He has decades of experience handling business disputes and intellectual property rights violations, including several successful verdicts and settlements. In addition, he is a former CPA, giving him extensive insight into how the financial aspects of businesses operate. Like many trademark lawyers, Attorney Klein is available to represent clients in a single case, but he is also able to provide companies legal representation throughout their lifespan. Klein Trial Lawyers has assisted clients who have been the victim of trade name infringement in holding those responsible accountable, including helping clients:
- Register a trademark in relation to their trade name
- Defend their trade name against companies that unknowingly or knowingly use it
- Recover compensation for any monetary damage a client’s business sustained due to trade name infringement
Find Me Trademark Lawyers for Trade Name Infringement Litigation in Los Angeles
To learn more about how Los Angeles trademark attorney Robert G. Klein can help you if your business is suffering due to trade name infringement, call directly at (323) 653-3900 ext. 110 or fill out the online form on this page to contact our trademark lawyers.