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To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
Trademark Damages Under the Lanham Act These five types include, disgorgement of the defendant's profits, actual damages, reasonable royalties, attorneys' fees in extraordinary cases, and costs.
If your business is the plaintiff, as opposed to the defendant, a trademark infringement lawsuit can cost between $10,000 and $750,000. If you're the defendant, you may be forced to pay additional costs in financial damages and, in some cases, attorneys' fees.
In the area of law, for a contract to be legally enforceable, several requirements must be met, including an offer; acceptance of that offer; mutual understanding of the agreement; capacity to agree; an item or service; consideration in exchange for the item or service; and legality of the contract itself, including ...
The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
If someone is using a confusingly similar trademark, they may also be committing trademark infringement. Infringement can be serious. Not only can an unauthorized user be sued by the trademark owner, but certain unauthorized activities can lead to fines and prison penalties.
Conversion is an intentional tort that protects against interference with one's possessory and ownership interests in personal property. It involves the unauthorized exercise of right of ownership over the personal belongings of another person. The law protects your personal property in a number of ways.