When someone else is using your trademark without permission, you cannot just let that go. It’s important to act quickly once trademark enforcement actions become necessary. An Orange County, California trademark lawyer can help you with this.
What Are Some Trademark Enforcement Actions I Can Take?
When you first notice that someone is infringing on your IP, one of the first things you should do is send a cease and desist. This gives someone the chance to walk away and stop using your trademark. Maybe they can claim it was a misunderstanding or make other excuses, but if they stop using your IP then the trademark enforcement actions can end there.
If a person or company ignores the cease and desist, we think it’s time to stop playing nice. You can go to court and get an injunction, which can stop the infringer from continuing their activities. Then you can take additional actions.
Can I Sue For Damages?
A trademark is valuable, so it makes sense that you can often sue for damages as a part of trademark enforcement actions. Think about it. If someone uses your trademark to create products, they are stealing from you. They are actually stealing from you twice.
First, they make a product and sell it, profiting off of your intellectual property. Then you have to think about your potential lost sales. If someone bought a counterfeit product instead of buying from you, you just lost even more money. This is part of why engaging in trademark enforcement actions early is such a good idea.
Can Trademark Enforcement Lead to the Destruction of Counterfeit Products?
Not only can you stop someone from using your trademark, but you can also make sure that they cannot profit off of any remaining products that they made. A court can order someone to destroy any infringing items.
This isn’t just a good idea because it prevents someone else from profiting off of your IP. This is a crucial part of trademark enforcement because it can also help you protect your reputation. If someone else is selling a cheap knockoff of your product, consumers who do not know any better could associate that product with you and your trademark. Through no fault of your own, you end up suffering reputational damage due to the quality of a product that you did not even make! This is another reason why quickly enforcing trademarks is such a necessity.
Contact Our Law Firm
Protecting intellectual property isn’t always easy, but the effort it worth it. Contact Burns Patent Law and ask to schedule a consultation today. We would be happy to tell you more about how our law firm can help you protect your trademarks and other IP from infringement.
