California Trademark Litigation Attorneys
Successful businesses are well-branded ones. Trademark‚ trade dress‚ trade secret‚ and unfair competition laws generally prevent competitors from infringing on the goodwill of your business To maintain this success, businesses need to protect the trademarks of their products and services and trademark law places a duty on trademark owners to police infringing uses. This commonly takes the form of a cease and desist letter. Failure to enforce your trademark may result in losing your trademark rights. Of course, litigation can ensue if the subsequent trademark user refuses to cease use of the infringing mark.
The basic elements for a claim of trademark infringement are as follows:
Plaintiff’s mark is a valid, protectable trademark
Plaintiff owns the mark as a trademark, and
Defendant used a mark similar to Plaintiff’s trademark without the consent of the plaintiff in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods. Brookfield Communications, Inc., v. West Coast Entertainment Corp., 174 F.3d 1036 (9th Cir.1999).
The courts weigh a number of factors in determining whether a defendant’s mark is likely to cause confusion, including:
The similarity in the overall impression created by the two marks (including the marks’ look, phonetic similarities, and underlying meanings);
The similarities of the goods and services involved (including an examination of the marketing channels for the goods);
The strength of the plaintiff’s mark;
any evidence of actual confusion by consumers;
The intent of the defendant in adopting its mark;
The physical proximity of the goods in the retail marketplace;
The degree of care likely to be exercised by the consumer; and
The likelihood of expansion of the product line. Dr. Seuss Enters. v. Penguin Books USA, Inc., 109 F.3d 1394, 1404 (9th Cir. 1997).
Foldenauer Law Group has prosecuted many business disputes for our clients resulting in settlements and awards of millions of dollars. We have defended business owners and obtained “zero dollar” and “nuisance value” settlements. We have litigated cases resulting in early case dismissals and through jury or bench trial resulting in defense verdicts. We have built our success on nearly 30 years of combined experience and have a proven track-record. It’s no accident. We work exceptionally hard to obtain extraordinary results for our clients.
We are selective. We limit the number of cases we accept at any given time to ensure that our clients’ cases receive the extra time and effort needed to achieve extraordinary results.
To us – everything matters.