If you believe that your registered trademark is being unlawfully used by a negligent party, then you may consider filing a trademark infringement claim against them. And if this negligent party is unwilling to settle, then you may have to present your argument in the presence of a court. This may just be the only way to recover the monetary damages you incurred from the negligent party’s illegal activities. Continue reading to learn whether your trademark infringement case entails a court appearance and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can serve as your legal representative.
Does my trademark infringement case entail a court appearance?
On the one hand, your trademark infringement case will most likely take place in the presence of a New Jersey state court if your registered trademark is being infringed upon within the state’s borders. On the other hand, your case will probably end up in federal court if your mark is being infringed upon across state, territorial, or international boundaries.
Regardless of it being a state or federal court appearance, as the plaintiff of a trademark infringement case, you must be prepared to make the following arguments:
- You must argue that the mark in question is valid and legally protectable.
- You must argue that you are the owner of the valid and legally protectable mark.
- You must argue that the defendant’s use of the mark is causing a likelihood of confusion among consumers.
- You must argue that you are incurring serious monetary damages as a direct result of the defendant’s unlawful use of the mark.
What damages might the court help me in recovering?
The recovery you receive in your trademark infringement case may depend on the strength of your case. At the same time, it may depend on whether you appeared in front of a state or federal court.
For example, a New Jersey state court may grant you an award of attorney’s fees based on your financial situation compared to that of the defendant. That is, this order may only arise to even the playing field. Contrastingly, a federal court may only grant you an award of attorney’s fees if it concludes that it was a clear case of bad intentions by the defendant. Also in such a case of willful trademark infringement, a federal court may order an award of treble damages (i.e., triple damages).
Other damages you may seek to recover in either a state or federal court are injunctive relief, an accounting for profits, and court costs. So in the end, we believe that legal representation from a skilled Essex County, New Jersey intellectual property lawyer is the best fit for you and your trademark infringement case. Please get in touch with The Ingber Law Firm as soon as you can.