Experienced Representation For Trademark Infringement Notices
An infringement notice formally notifies a recipient that they are allegedly infringing on someone’s trademark rights. Receiving such a notice has serious legal implications and may result in litigation. When you become involved with one of these notices, make sure you defend your best interests with a skilled Florida trademark lawyer.
At Zoe Bernstein Law PLLC, I represent clients throughout the Boca Raton area and the United States with all aspects of their trademark needs. If you are considering issuing an infringement notice or you have received one, let me the one to stand up for your needs. As I represent you, I can also help you understand the details of these issues.
Understanding The Components Of An Infringement Notice
When drafting or receiving an infringement notice, it is important to identify several key components of the notice. Most notices will often have several key elements, including:
- Identification of the infringed trademark: Specifies the trademark in question
- Description of the infringing activity: Details of how you are allegedly infringing
- Demands: Outlines what actions you must take, such as ceasing use or paying damages
With my assistance, I can help you either review a notice you have received or draft one to send based on your needs.
Immediate Steps Upon Receiving An Infringement Notice
If you have received a notice for trademark infringement, do not ignore the notice or assume it was sent in error. Instead, gather all the information available to you about the infringement and contact a skilled trademark attorney immediately. I can help you avoid critical mistakes while defending your best interests throughout the resolution process.
Breaking Down An Infringement Notice
To help you understand the infringement notice you have received, there are some steps to make things easier for you. First, verify the trademark in question to confirm if the allegations of infringement are valid. Next, review the evidence presented by the claimant to confirm the accuracy and relevance of their argument. Finally, review the notice for any mistakes or excessive demands. I can help you through all of these stages to help keep things simple for you.
Responding To A Notice
After you received a notice of trademark infringement, you can often pursue one of three options. First, you can comply with the demands of the notice. Next, you can challenge the notice if you believe the claims are unfounded. Finally, you can pursue negotiations to seek a mutually beneficial resolution to the dispute. No matter what option you decide on, I can draft a response letter to begin the process of settling this issue.
Legal Strategies And Defense Against These Claims
When you choose to challenge the claims against you, there are often three types of defenses that may apply to your situation:
- Noninfringement: Proving that your use does not constitute infringement
- Invalid trademark: Challenging the validity of the claimant’s trademark
- Fair use: Arguing that your use falls under fair use exceptions
As your intellectual property attorney, I will review the details surrounding your infringement claim, help you decide what option is best for you, and help you build a custom-tailored strategy to defend your position against the infringement claim.
Potential Outcomes And Consequences
Depending on how you choose to respond to your notice, I can help you pursue a settlement, fight for you through litigation or prepare you for possible business disruptions from the notice. If you are ready to meet with me, contact me by calling 305-908-8908 or emailing me here today to schedule your initial consultation.