If you’re involved in a trademark dispute, The Keleher Appellate Law Group can help. Your trademarks are valuable assets, and we are committed to protecting them and you with our high-quality representation. We have successfully negotiated many infringement cases and have extensive experience protecting our client’s intellectual property

What Is Trademark Infringement?

Trademark infringement is the unauthorized use of a trademark in connection with goods or services in a way that is likely to confuse the source of the goods or services. There are two types of infringement:

  1. Likelihood of Confusion

The consumer is likely to assume that the two goods or services are related and come from a common source. The court also considers how and where the parties advertise, if there has previously been confusion with customers, and how strong the plaintiff’s trademark is. 

  1. Dilution:
    • Blurring: using a similar mark on unrelated goods or services blurs the original mark’s distinction.
    • Tarnishment: using a similar mark in a way that could harm the reputation of the original mark.

When the court determines infringement, they look at the strength of the trademark. There are three examples of what makes a good trademark:

  • whether the mark is an invented word (fanciful).
  • if the mark is not associated with the underlying product making it more unique (arbitrary).
  • and marks that suggest a quality of goods but don’t state it outright (suggestive). 

These three types of marks are usually strong and, therefore, easier to protect since they are unique.

How Can I Protect My Brand Through Trademark Litigation?

By taking some manageable steps, you can successfully protect your brand through trademark litigation. 

1. Monitoring

The easiest first step starts with you. Monitor by keeping an eye on the marketplace for any potential infringements. If you do find infringing uses, send a cease and desist letter. If the infringing use continues, be prepared to pursue litigation. Our team of experienced attorneys can monitor the marketplace for you, leaving you free to focus on your business.

2. Build a Strong Case

In pursuing litigation, the next step is gathering evidence. Useful evidence would be examples of your brand strength and recognition, any instances of consumer confusion, and the unauthorized use of your brand. It can be helpful in the event of litigation to get an expert witness to testify on the similarity of marks. Feedback from a customer survey may be helpful, as well as show the likelihood of confusion.

3. Prepare a Litigation Strategy

This includes what claim you’ll pursue (like infringement or dilution). Seek preliminary injunctive relief early in the process to stop ongoing infringement. Pursue discovery of the infringer’s profits and intent. Finally, request permanent injunctions and monetary damages from the breach. 

4. Consistent Enforcement

Monitoring your trademarks actively is one of the best ways to establish a reputation for the strong defense of your brand. Always survey the market to stop potential infringements before they become a big problem. 

How Can The Keleher Appellate Law Group Help?

Your brand is everything, and defending it can be a full-time job. We can help lighten your load.

As experienced trademark litigators, we know how important your brand is. It represents the hard-earned reputation and goodwill you’ve built with customers over time. At The Keleher Appellate Law Group, protecting your brand identity is our top priority.

The best offense is a good defense when it comes to trademark infringement. Our attorneys take an aggressive stance, monitoring for infringement and swiftly taking action through cease and desists, filing lawsuits, seeking injunctions, and enforcing judgments. We take the burden off your shoulders so you can focus on running your business.

Trademark litigation is complex, with high stakes for your brand’s future. Our team has extensive experience skillfully navigating these high-profile cases. We understand all the nuances and complexities, giving you a formidable advocate to safeguard your brand identity and exclusivity. Contact us today to protect your brand.

The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, and the surrounding areas in Illinois, Indianapolis, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.