Trademark Infringement Tampa

No matter whether it is intentional or a mistake, trademark infringement is a serious matter that can end up costing a defendant a lot of money. Infringement occurs when a confusingly similar trademark is used without license on similar goods or services. At Larson and Larson in the Tampa Bay area, we are patent and trademark attorneys that can assist you with all your intellectual property needs. Regardless of whether you are the defendant or plaintiff, you can rest assured that we will apply all of our knowledge and experience to resolving your case. Since 1987, Larson and Larson has focused its practice on the protection and litigation of intellectual property.

Is it Infringement?

If you believe someone is using a similar trademark to yours and is taking customers and profits away from you, contact us at Larson and Larson immediately. Our attorneys have years of experience and knowledge regarding how the courts analyze the facts and law of trademark infringement cases. The primary issue of a trademark infringement case is: likelihood of confusion. Each case will be evaluated to see how likely it is that a consumer would believe that the products are made by the same source. This confusion can cause consumers to purchase competing products, including products that are lesser quality and improperly associated with your trademark. Either way, this negatively affects your business.

Some of the factors that the Tampa courts use to decide if trademark infringement has occurred are:

  • Strength of the mark – A mark is described as “weak” if it seems to have no secondary meaning in relation to the good or service. For a mark to be considered “strong,” it must have secondary meaning or acquired distinctiveness. The owner of a “weak” mark will have more difficult time proving infringement or likelihood of confusion.
  • Similarity of the marks – The two marks will be compared, looking at appearance, sound, impression, and connotation to see how truly similar they are.
  • Similarity of goods – If a consumer purchases one product, believing it to be made by the same manufacturer, simply because the goods are very similar, then infringement is likely to have occurred.
  • Intent – Sometimes, it can be an honest mistake that two trademarks are confused; other times, it can be willful. In both cases trademark infringement may exist. Willful infringement may give rise to heightened damages.
  • Degree of care by consumer – This can vary, typically depending on the cost of the purchase. It is believed that the higher the price, the more care a consumer will take before making a purchase. Therefore, if the two similar marks are associated with goods of low value, they can be confused easier, since consumers will exercise less care.

Depending on what the courts decide, if trademark infringement is proved, the defendant will likely have to pay monetary damages. If the act was proven to be willful, then the damages are usually increased three times the original amount. At Larson and Larson in Tampa Bay, we are dedicated to helping you win your trademark infringement case.

Larson and Larson

As intellectual property attorneys, at Larson and Larson, we are passionate about fighting for your rights. No matter if you have been accused of trademark infringement, or if you believe someone is copying your pre-existing mark, we will be able to help you. A trademark is a word, phrase, design, symbol, or combination of any of these that distinguishes a source of goods or services. If you are in Tampa and have a trademark you would like to protect, give us a call. The trademark application process is complex, and one mistake can cause the entire application to be denied.

If you are being accused of trademark infringement in Tampa, or if you believe someone has used your trademark without authorization, don’t hesitate- call us at Larson and Larson today! 727-546-0660.