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Trademark Infringement

New York Trademark Infringement Lawyer

A strong trademark is extremely valuable. In the minds of consumers, it becomes synonymous with the good or service it represents. For example, if a consumer sees the Nike swoosh, shoes immediately come to mind. This is why trademarks must be protected and infringement must be fought intensely.

At the law firm of Arthur R. Lehman, we have more than 30 years of experience. We use that experience to handle trademark litigation related to infringement of non-registered and registered trademarks. Our record of results is proof of how valuable our experience is.

If you believe that a trademark that has been published for opposition should not issue, or that an issued trademark should be cancelled, you might be able to proceed before the Trademark Trial and Appeal Board (TTAB) instead of a court for relief by filing a Notice of Opposition or a Petition to Cancel. TTAB proceedings generally follow the procedures applicable to federal court actions, but are more streamlined in some respects and can be less expensive than a federal court action.

Types of Trademark Infringement

Trademark infringement comes in many forms. Sometimes, trademark infringement is blatant and involves a competitor actually using your trademark or a mark that is so similar that consumer’s are misled as to who actually made the product. Other cases involve trademark dilution. A competitor adapts a trademark that blurs the distinction between its goods and services and yours, or tarnishes your mark by using it on low quality goods.

Trade dress infringement can also occur. In these cases, a competitor borrows the look and feel of your goods and services, and may even use a similar name or offer similar products. Sometimes, it’s as blatant as creating a near identical copy of your business.

We take great care to get you the full amount of compensation you deserve and to halt the infringement. If the trademark infringement was intentional, and often it is, we will seek the enhanced damages that you are entitled to.

Overcoming Challenges in Trademark Infringement Cases

In order to succeed in a trademark infringement case, we need to be prepared to demonstrate the strength of your trademark in court. We need to show how valuable it is to your business. In many cases, we start by conducting a survey of consumers to show how closely your trademark is associated with the goods and services you provide. Our experience means we are fully equipped to build a strong and compelling case.

Learn More About How We Can Help You

Whether you are interested in having us handle your case, are looking for feedback about the direction your case is currently going in or are a fellow lawyer seeking assistance, call 212-697-2715 or e-mail us to schedule a consultation with our New York trademark infringement attorney.