Trademarks

Intro: Your brand is among the most valuable assets for a business. When another entity uses your name, logo, or other identifying information without your permission, it can confuse consumers and potentially damage your reputation. Keep reading to uncover the answers to common questions about trademark litigation under Texas and federal law.

How Is Trademark Infringement Proven In Bowie County, Texas Litigation?

To prove trademark infringement, the plaintiff must demonstrate ownership of a valid trademark and that the defendant’s use of a similar mark is likely to cause consumer confusion. Courts consider several factors, including the similarity of the marks, the relatedness of the goods or services, and the strength of the original mark. Evidence may include marketing materials, consumer surveys, and expert testimony. In Texas, both state and federal courts may hear trademark cases, but many are filed under the federal Lanham Act.

What Defenses Are Commonly Used In Bowie County Trademark Lawsuits?

Common defenses include arguing that the alleged infringer had prior use of the mark, that the mark is too generic to be protected, or that no likelihood of confusion exists. Other defenses may involve fair use, parody, or abandonment of the trademark by the original owner. The strength of these defenses depends on the facts of the case, including how the mark has been used in commerce and whether the plaintiff took reasonable steps to protect it.

What Is The Process For Initiating A Trademark Lawsuit In Bowie County?

A trademark lawsuit typically begins with the filing of a complaint in federal court, as most trademark claims fall under federal jurisdiction. Before litigation, many businesses attempt to resolve disputes through cease-and-desist letters or settlement discussions. If informal resolution fails, the plaintiff files a complaint, and the litigation proceeds through discovery, motions, and possibly trial. Injunctions may be sought early in the case to prevent further unauthorized use during the lawsuit.

What Damages Can Be Recovered In A Successful Trademark Infringement Case In Bowie County?

If trademark infringement is proven, the court may award damages to compensate for lost profits, harm to brand reputation, and unjust enrichment. In some cases, the infringer may be ordered to pay the plaintiff’s attorney’s fees and court costs. Courts can also issue permanent injunctions to prevent further misuse of the mark and, in cases of willful infringement, may award enhanced damages to punish and deter misconduct.

Call To Action (CTA):

When your brand is at risk, you can count on The Corcoran Law Firm to protect what you’ve built. We help businesses across Bowie County navigate trademark disputes with precision and care.

Facing a trademark claim or worried about infringement? Call (903) 701-2481 to schedule a consultation and protect your brand.