Our firm works closely with businesses and individuals with respect to the creation and enforcement of both unregistered and registered trademarks. Your trademark serves as your brand’s method of identification to the general public.
A Federal trademark infringement claim is made under 15 U.S.C. §1114 when:
Any person who shall, without the consent of the registrant— use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive…15 U.S.C. §1114
Additionally a Federal trademark registration entitles owners of marks to prosecute two separate causes of action for infringement under Section 32 and Section 43 of The Lanham Act.
In New York (NYC), trademark infringement cases similarly center on whether one use of a mark or logo infringes on another. Infringement claims assert that the other part’s use of a mark including copying, reproduction, imitation and counterfeiting is likely to cause confusion or as to the creation, origin or source of the goods or services.
Some factors the New York courts will consider in assessing the likelihood of an infringement other than likelihood of confusion include:
- How easily recognized or popular the original mark is
- How similar the actual good or services are to each other both functionally and aesthetically
- Whether the physical real world market for the competing marks and products overlap.
Remedies for trademark infringement typically include:
- Injunctive relief
- Monetary damages
- In some instances, destruction of the infringing products
- Giannis Antetokounmpo Files $2M Lawsuit Over ‘Greek Freak’ Infringement (NY Post Feature)
- Fashion Brand Trademark Infringement (NY Post Feature)
- NBA Star Sues Over ‘Greek Freak’ Phone Case (Law360 Feature)