Should I hire a Florida trademark infringement lawyer?
Trademarks help distinguish your company’s products or services from the competition. Your company should be concerned about trademark infringement. If another company uses a trademark that is the same or similar to that of your company, your company may lose profits. Alcoba & Associates recommends that you hire a trademark litigation attorney if you suspect a company is infringing your mark or if you are being accused of trademark infringement.
In a trademark infringement lawsuit, a plaintiff has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the plaintiff's goods or services. The plaintiff has to show that it has a legal right in a trademark and that the defendant is using a confusingly similar mark creating a likelihood of confusion, mistake or deception with consumers.
A trademark litigation attorney must analyze the likelihood of confusion factors prior to filing a trademark infringement lawsuit or when defending a trademark infringement lawsuit. Courts generally consider the following likelihood of confusion factors when determining whether trademark infringement has occurred:
1. the similarity in the overall impression created by the two marks;
2. the similarities of the goods and services involved;
3. the strength of the plaintiff's mark; 4. any evidence of actual confusion by consumers; 5. the intent of the defendant in adopting its mark; 6. the physical proximity of the goods in the retail marketplace; and 7. the degree of care likely to be exercised by the consumer.
If your company has been the victim of infringement or has been accused of trademark infringement, Alcoba & Associates' lawyers can help you.