A trademark in the business sphere is a word, phrase, symbol, or design that identifies the source of a product or service. Trademarks are used to protect businesses and consumers from being misled by imitations of a company’s products or services. Businesses use trademarks to create goodwill and customer loyalty. Consumers rely on trademarks to help them make informed purchasing decisions. Because these legal protections play such a key role, the laws surrounding trademark infringement are rightfully complex and designed to offer a high level of protection.

In Colorado, businesses and individuals can sue for trademark infringement under state or federal law. To win a trademark infringement claim in Colorado, the plaintiff must prove that:

1. They are the rightful owner of the trademark.To prove ownership of a trademark, the plaintiff must share all documentation showing that it is officially registered in accordance with the United States Patent and Trademark Office (USPTO). This is the purest form of ownership and will give the plaintiff the strongest chance of success in court. They should also share all their marketing materials that feature the trademark to show how they have been using it in commerce. Everything should be time-stamped and dated to show a clear chain of ownership.
2. The defendant is using the trademark without permission.To show that the defendant is using the trademark without permission, the plaintiff must demonstrate that the defendant is using the trademark in a way that is likely to confuse consumers. This is done by showing that the defendant is using the trademark on similar products or services, in a similar market, and in a way that is likely to create confusion. In some cases, it will be apparent that the defendant is trying to trade off the plaintiff’s goodwill and reputation by imitating their trademark. In other cases, the court will look at factors like the similarity of the products, the similarity of the markets, and whether there is a likelihood of consumer confusion to make its determination.
3. The defendant’s use of the trademark is causing harm to the plaintiff.To show that the defendant’s use of the trademark is causing harm to the plaintiff, they must demonstrate how they have suffered a financial loss because of the defendant’s use of the trademark. This is done by showing that the plaintiff has lost sales, revenue, or customers because of the confusion caused by the defendant’s use of the trademark. This is a more difficult burden to prove, as a correlation between the defendant’s use of the trademark and the plaintiff’s financial losses is difficult to establish. In some cases, however, the court may presume financial harm if the infringement is particularly egregious.

If the plaintiff proves all three of these elements, they will likely be successful in their trademark infringement claim. However, there are a few defenses that the defendant may raise to try and avoid liability. Working closely with an experienced trademark infringement attorney will help ensure that your case is as strong as possible and that you are able to recover the compensation you deserve.

FAQs

Q: Can You Sue for Trademark Infringement?

A: You can sue for trademark infringement under state or federal law. To win a trademark infringement claim, the plaintiff must prove that they own the trademark, that the defendant is using the trademark without permission, and that the defendant’s use of the trademark is causing harm to the plaintiff. The individual may be awarded damages such as lost profits or statutory damages.

Q: How Do You Prove That a Trademark Is Violated?

A: You will need to show that the trademark is valid and that you have a legally protected interest in it. You will also need to show that the other party used the trademark in active commerce without your consent. The best way to do this is to hire a trademark attorney who can help you assess your claim and collect evidence that directly ties the other party to the trademark violation.

Q: What Qualifies as Trademark Infringement?

A: Generally speaking, trademark infringement occurs when someone uses a trademark in a way that is likely to confuse consumers. This can include using a similar trademark for similar goods or services, using a trademark in a way that suggests a false connection to the trademark owner, or using a trademark in a way that dilutes the strength or value of the trademark. Looking at the trademark’s originality, distinctiveness, and scope can also help determine whether infringement has occurred.

Q: What Are the Consequences of Trademark Infringement?

A: If someone is found to have infringed on a trademark, the first order of business is to cease all infringing activity immediately. If the infringement is deemed willful or intentional, the court may also award damages to the trademark owner. These damages can include lost profits, damages for the dilution of the trademark, or even punitive damages in some cases. The court may also issue an injunction against the infringer, which would prohibit them from continuing to use the infringing trademark in the future.

Q: What Is the First Step in Suing for Trademark Infringement?

A: The first step is to hire an experienced trademark attorney. They can determine if you have a valid claim and, if so, what the best course of action may be. They can also gather compelling evidence and build a strong case to support your infringement claim. During this initial phase of the claim, the attorney will also likely reach out to the infringing party in an attempt to resolve the matter without having to go to court. This is often referred to as a “cease and desist” letter. If unsuccessful, the next step is officially filing a court complaint and advancing the case through the legal process.

Contact Four Reasons Legal Today

If you believe your trademark has been infringed upon, it is important to act as soon as possible. The attorneys at Four Reasons Legal are experts in trademark law and can help you assess your claim, gather evidence, and build a solid case to support your infringement claim. Contact us today to schedule a consultation. We look forward to helping you protect your valuable trademark.