You must know that your job is not over once you register your trademark. That is, what is equally important is protecting your mark from being infringed upon by competitors. This is because, if there is an instance of infringement, you may have to enter litigation proceedings. Read on to discover what damages you may recover after a successful trademark litigation and how a seasoned New Jersey intellectual property litigation lawyer at The Ingber Law Firm can help you in retaining them.
Should I enter into trademark litigation?
Before deciding to enter trademark litigation proceedings, you must ask yourself whether a mark was made and used that was similar or identical to yours. If the answer is yes, then this is a case of infringement and you should proceed to court.
Notably, the court will look at the following factors when determining your trademark infringement claim:
- The strength of the mark: that is, if your original mark has already been clearly established in the marketplace.
- The proximity of the products: that is, whether your and the defendant’s products are of the same general type.
- The similarity of the marketing channels: that is, whether your and the defendant’s products are sold and/or distributed in the same manner.
- The similarity of the marks: that is, how similar the marks appear.
- The evidence of actual confusion: that is, if consumers have bought the defendant’s product thinking it was yours.
- The degree of caution exercised: that is, if the typical consumer is likely to look at certain factors when making a casual purchase.
- The defendant’s intent: that is, if the defendant intended to deceive the public and unfairly take the market share from you.
What damages are available after my trademark litigation?
If the court determines the above factors to be in your favor, then you may have a successful trademark infringement lawsuit. So, after litigation, you may be able to recover several damages, such as the following:
- The defendant’s profits: that is, you may recover damages from the sales that wrongfully went to the defendant’s brand.
- Your profit loss: that is, you may recover damages to compensate for the drop off of sales you incurred.
- The cost of the legal action: that is, you may recover damages from attorney fees and court costs.
- The injunctive relief: that is, you may recover damages once the court orders that the defendant stops the use of their infringing mark.
All in all, such relief can help get your business back on track. So, if you require legal representation for your proceedings, employ a competent New Jersey trademark lawyer today.