{"id":2134,"date":"2021-02-24T09:00:37","date_gmt":"2021-02-24T14:00:37","guid":{"rendered":"https:\/\/romyjurado.com\/?p=2134"},"modified":"2022-04-22T02:43:49","modified_gmt":"2022-04-22T06:43:49","slug":"the-guide-on-how-to-sue-someone-for-trademark-infringement","status":"publish","type":"post","link":"https:\/\/romyjurado.com\/the-guide-on-how-to-sue-someone-for-trademark-infringement\/","title":{"rendered":"The Guide on How to Sue Someone for Trademark Infringement"},"content":{"rendered":"\n[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ custom_padding=”8px|||||” global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.16″ _module_preset=”default” global_colors_info=”{}”]

In competitive markets like Florida<\/a>, any company with a strong trademark will have a clear advantage over the competition.<\/span><\/p>\n

Given that there is no specific requirement that companies must register their mark at the state or federal level, many entrepreneurs neglect this crucial aspect and end up paying the price when they need to enforce trademark law to protect their marks.\u00a0<\/span><\/p>\n

In this article, we provide you a guide on how to sue someone<\/a> for trademark infringement.\u00a0<\/span><\/p>\n

Out-of-Court Solution – Cease-and-Desist Letter\u00a0<\/span><\/h2>\n

In most cases, filing a lawsuit for copyright infringement is not the optimal first move. If you find out that a person or company is using your mark without authorization, you can try to solve it out of the court initially.<\/span><\/p>\n

Generally, lawsuits are time-consuming, expensive, and demanding procedures. Instead, an optimal first step would be to send a cease-and-desist letter to the trademark infringer, addressing the issue as clearly and directly as possible.<\/span><\/p>\n

There are cases in which the alleged infringer did not know about a pre-existing trademark, while there are infringers that know about the trademark and try to seize advantages using a third-party’s intellectual property without any authorization.\u00a0<\/span><\/p>\n

A cease-and-desist letter must indicate that the infringer has a certain period, typically five business days, to stop using a mark without permission.\u00a0<\/span><\/p>\n

Sometimes, a cease-and-desist letter can be ignored by the other party, but it can be used as a piece of evidence in a lawsuit, indicating that the affected party tried to negotiate in good faith with the infringer before filing litigation.\u00a0<\/span><\/p>\n

In case you need to write a cease-and-desist letter, we strongly recommend you seek help with an expert attorney<\/a>.<\/span><\/p>\n

Filing a Trademark Infringement Lawsuit in Florida – Likelihood of Confusion\u00a0<\/span><\/h2>\n

If a cease-and-desist letter is ignored, it means the affected party has no other way to reclaim its trademark<\/a> ownership rights other than sue the infringing party in court.\u00a0<\/span><\/p>\n

A foundational aspect of any case involving trademark infringement is the likelihood of confusion caused by the infringing mark.\u00a0<\/span><\/p>\n

Given that the purpose of trademark law is to protect consumers, courts are sensitive to the necessity consumers have to correctly identify the origin of purchased goods\/services. Hence, courts will consider whether there is a likelihood of confusion between the original mark and the infringing mark.\u00a0<\/span><\/p>\n

Additionally, courts evaluate several other aspects before giving their decision. Other factors include:<\/span><\/p>\n