Nexio Law Firm’s award-winning intellectual property attorneys have represented private individuals and celebrities, business professionals and entrepreneurs, and companies and organizations of all shapes and sizes. From start-ups and major corporations--to nonprofits, medical centers and others--our trademark infringement cases span a diverse set of industries including apparel, electronics, housewares, retail, software, and entertainment.
Whether you’re on the giving or receiving end of a trademark infringement dispute, our experienced attorneys can help. We routinely assist clients with claims and defenses of trademark infringement, dilution, trade dress infringement, false designation of origin, brand enforcement (anti-counterfeiting), licensing disputes (scope of licenses, royalty, accounting and termination rights), Domain name disputes and Cybersquatting, priority and common law trademark disputes, oppositions and cancellations, and other trademark-related conflicts.
Chances are you’ve put a lot of time, money and energy into your business, as well as the products and services it sells. Through hard work, ingenuity, passion and a desire to be excellent, the market has responded. Consumers recognize your company, products, and service by name! Your company’s trademarks have grown to reflect the success you’ve achieved.
But what if others decide to latch on to your trademarks and to ride the coattails of your success? Or, what if others assume your brand’s identity by using the same or confusingly similar moniker for their own product or business? Are you receiving lots of reports of confused customers? Are you protected or will all your sweat equity be compromised, if not completely lost?
What can you do? Well, it turns out you can do actually a lot. As a trademark owner, you have the presumption of exclusive trademark rights for the goods and services listed in your trademark registration. You may also have expanded common law rights for any other goods and services you sell in association with that trademark. The law provides three primary remedies (there are others as well) against infringers including injunctions, seizure and destruction orders, and damages.
At Nexio Law Firm, we’re in the business of helping others protect intellectual property. We’re committed to putting our experience, knowledge and strategic expertise to work for you.
While IP owners certainly have an interest in protecting their rights, we’ve also seen our fair-share of trademark bullies. Some owners think that they have significantly greater rights than they actual do. For other owners, it’s not about another’s trademark and trade dress being confusingly similar. Rather they are upset they have a competitor who is out-competing them.
Moreover, sometimes there are perfectly legitimate, non-actionable reasons to reference another’s alleged trademark. Two factors routinely come in to play: 1) What was the nature of the alleged infringing use and what missteps did the trademark owner make along the way? 2) Entire treatises could be dedicated to all the defenses available and the scenarios in which they were applied.
We effectively represent defendants in trademark cases throughout Southern California and in both state and federal courts, as well as before the Trademark Trial and Appeal Board (TTAB). If necessary, our experienced attorneys are fully prepared to take your case to trial to defend you against any alleged trademark violations.
The attorneys at Nexio Law Firm are committed to helping our clients achieve their objectives. We can be reached at (949) 478-6830 or complete the contact form and we’ll be in touch soon.