Businesses have many ways to protect and identify the products, services and intellectual property they own. One way is to register a trademark, which may be a word, phrase, design, and/or symbol to identify the ownership of the property. If someone infringes on your company’s trademark, then you may be able to sue him or her.
What Is Trademark Infringement?
When another company uses a logo, a symbol, or a product name that is the same or similar to one you’ve registered and their actions are affecting your business, then you may be able to sue them for trademark infringement. Unfortunately, this type of activity is common on the Internet where someone creates a website with a name similar to that of a well-known brand and draws traffic based on their reputation.
Even though the products they sell may not be similar, you should contact civil litigation lawyers in Santa Barbara, CA if the activity is having an impact on your business. There are state, federal, and international laws concerning trademark infringement, so deciding which court would have jurisdiction in the case would depend on where your products or services are sold.
If you make and sell cookies locally under the name The Best Cookies and do not cross state lines, then another company in an adjacent state using the same name would most likely not be infringing on your trademark. However, you should consult civil litigation lawyers if you plan to expand your sales territory across state lines to prevent trademark issues.
The plaintiff has the burden of proof in infringement lawsuits, so Santa Barbara civil litigation lawyers would have to show that your trademark was registered and the other company’s trademark is so similar to yours that it is creating consumer confusion. While civil litigation lawyers are not cheap, they can protect your business interests.
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