Trademark Infringement Attorneys

If a competitor uses a trademark that is the same or too similar to a trademark owned by another company, it can lead to confusion in the marketplace. This confusion can result in customers being misled, resulting in a financial loss for the trademark owner. This is what happened in a recent lawsuit initiated by the 3M Company against a Chinese company after they branded their products as “3N” and used similar logos and colors as 3M, leading consumers to believe that they were purchasing the original 3M products. In this case, the court agreed with 3M.

This is a good example to illustrate one of the many ways trademark infringement can occur, such as using a similar name, logo, color scheme, or slogan. When a company or individual uses another party’s trademark without permission, it can lead to legal action if the original trademark owners have the grounds to initiate a trademark infringement lawsuit against the infringing party.

How Can You Stop Someone Else From Using Your Trademarked Assets?

If you are afraid that another person or business might steal your ideas and use the brand identity assets that you worked so hard to create for your company, it is imperative that you take the steps necessary to trademark your brand assets. Without a trademark registration, it is nearly impossible to assert your intellectual property rights and get a competitor to stop using your logo, name, slogan, or colors, for example.

If you already have a valid trademark, you may want to speak to a trademark lawyer to ensure that the issue you are concerned about is truly a threat to your business. In other words, just because someone else named their business similarly to yours does not necessarily mean they are infringing on your trademark rights if, for example, your business operates in a different state or with a different area of the market and there is a low probability that consumers will get confused by both brands.

In most cases, the first step before seeking trademark litigation is to try and reach out to the infringing party to let them know about the problem and ask them to stop using your trademarked assets. This can be done by sending them a cease and desist letter, which also gives them a deadline to stop using your trademark and explains they may be subject to legal action if they ignore your request.

What is Trademark Dilution and Likelihood of Confusion?

Trademark dilution and the likelihood of confusion are two of the most common grounds for a trademark infringement lawsuit. Trademark dilution or tarnishment happens when a competitor company uses the trademarked assets of another company (usually one that is more famous and has a better reputation in the marketplace). Their products are usually inferior, and the illegal use of another’s trademark to sell such inferior products can ultimately damage the reputation of the original trademark owner in the marketplace.

In contrast, likelihood of confusion can happen when one company’s brand assets (such as its name, logo, slogan, or colors) closely resemble another brand, much like the “3N” case mentioned above. The similarity between brands may cause consumers to mistake one for the other. In our example, many consumers ended up purchasing the inferior products produced by the Chinese company “3N” because they thought they were buying from 3M, which is a well-established brand.