Pennsylvania Complaint for Copyright and Trademark Infringement Based on Web Site Framing
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How to fill out Complaint For Copyright And Trademark Infringement Based On Web Site Framing?
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FAQ
File a Lawsuit The purpose of your suit is to stop your trademark from getting infringed upon. But you may be able to collect damages if: You can prove your business got hurt financially as a result of the trademark infringement.
A trademark infringement lawsuit can potentially be the financial ruin of your business, especially if you are operating in the red. If your business is the plaintiff, as opposed to the defendant, a trademark infringement lawsuit can cost between $10,000 and $750,000.
Similarity of the Marks Even if the marks are not identical, if they are close enough to create confusion among consumers, it may be deemed infringement. Example: A new shoe company uses a stylized ?M? that looks very similar to the McDonald's ?M? logo.
How to Write a Trademark Infringement Cease and Desist Letter Step 1 ? Fill Out the Letterhead & Delivery Information. ... Step 2 ? Include the Details of the Infringement. ... Step 3 ? Show Proof of Your Trademark Rights. ... Step 4 ? Provide a time frame for the infringing party to stop using the trademark.
If a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorily responsible for any harm done as a result of the deceit.
Legal experts recommend sending a cease-and-desist letter as your first act of defense. This is a formal demand for the infringer to stop using your mark, specifying the infringing use and how it violates your rights as a registered trademark holder.
The only way to report trademark infringement is by filing a lawsuit. Upon proving that a trademark has been infringed upon, there are several ways to rectify the situation: Issuance of a court order requiring the infringer to discontinue use of the mark.
Further, the trademark owner isn't the only party who can sue an infringer. Parties with exclusive and non-exclusive licenses to sell or distribute a trademarked product/service can also file a lawsuit.