The Spodek Law Group is a premier, and top rated business law law firm. We provide trademark infringement defense litigation services, in addition to a plethora of other services. If you receive a trademark cease and desist letter, it can be extremely unsettling and disturbing. The letter claims the business had prior trademark rights, and demands you stop using the mark which the company believes it has rights to. It demands a response. The response must be swift, and appropriate, and cannot be underestimated in its importance. As part of our business law services, we provide trademark infringement defense strategies, in addition to helping you negotiate settlements.
Trademark Infringement Defense
Our experienced attorneys know how to evaluate infringement notices, and can help you understand the difference between a frivolous notice, and an actual claim that must be taken seriously. We provide opinions, on the chance of successfully defending trademark claims, as well as other options possible for resolving the dispute. Additionally, we help you develop strategies which align with your business objectives and increase your chance of success.
Trademark infringement claims can have in a variety of ways, ranging from a cease and desist letter, to being served with a notice of a lawsuit by the opposing party. Recipients of an infringement claim have to get the advice of a trademark attorney who can advise you on trademark infringement defense.
Below are some defenses to trademark infringement claims:
Invalid Mark or Registration
Misuse of Trademark
Trademark Infringement Claims
Plaintiffs in trademark infringement cases have to prove they have a valid trademark, and that the defendant’s mark is likely to cause confusion. If the plaintiff has federal registration of a trademark, it creates a presumption that the trademark is valid, and thus the defendant has the burden to prove otherwise. Plaintiffs in trademark lawsuits can have claims for a number of reasons, such as:
injury to business reputation
among many other potential reasons
In addition, a Plaintiff can request a restraining order in order to prevent the defendant from continuing use of the mark. If a plaintiff pushes these claims, it can be disruptive to your business and its operation. This is important, and as a result, it’s critical you speak to a NYC trademark infringement defense attorney.
When you think you might be facing a trademark infringement claim, the best strategy is to take a proactive approach. Laying a strong foundation for your use, and registration, of a trademark, is the best way to avoid a future trademark infringement claim. Our NYC trademark infringement lawyers work with clients from the ground floor in order to prevent any potential trademark infringement claims. We provide clients with advice during the trademark selection process, in order to help avoid, or reduce, the chances of getting a trademark infringement claim. The fact is, trademark infringement and proper planning alone doesn’t create immunity from a trademark infringement claim.
Issues can, and will, arise. It’s important you hire an NYC trademark infringement defense attorney who is in your corner. Our attorneys can help advice, and prevent, on trademark infringement claims. We’re well versed in the best ways to handle trademark infringement claims, no matter how big or small the case is.
Trademark Litigation Defense Lawyers in NYC Can Help
When you get a notice of trademark infringement, it can feel like someones bullying you. When this happens, it’s important to hire an attorney who understands the ramifications and knows how to be diplomatic. Most trademark disputes never reach the courtroom. If negotiating isn’t possible, our attorneys can help you defend your trademark rights in a trademark infringement lawsuit in either federal or state court.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
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