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David H. Schwartz May 13, 2020

Trademark and Copyright Infringement Lawsuits

To survive in an aggressive market, businesses in San Francisco, California must use legal means to protect their practices and ideas. Without legal protection, core elements in an organization may be compromised, threatening a company’s sustainability. While intellectual property is not as tangible as products or services, it is vital to a company’s brand and revenue.

According to the United States Patent and Trademark Office (USPTO), trademark and copyright infringement occurs when a company uses a trademark or service in an unauthorized manner. A company that borrows or steals an idea from another company may do so unknowingly or through deception. In either case, the plaintiff company may be entitled to file a civil lawsuit for trademark or copyright infringement.

The Law Offices of David H. Schwartz provides legal counsel to clients in San Jose, Santa Clara, San Mateo, Oakland, Alameda County, and throughout the greater San Francisco Bay Area.

Types of Trademark/Copyright Infringement Cases

Different types of trademark infringement may include:

Falsely Claiming a Trademark Registration

To avoid trademark or infringement, a company may falsely use the registered symbols (®) without registering the mark with the USPTO. This may absolve the defendant of any legal wrongdoing in a lawsuit.

Selling Services or Products with a False Trademark

In addition, to claiming a trademark registration, a company may attempt to sell products or services with an unauthorized or false trademark. The trademark may be their own or a trademark from another company.

Applying a False Trademark

A company may attempt to use another company’s trademark to sell goods or services. For example, a business may use Amazon’s trademark to leverage sales on the Amazon marketplace site or another site.

Filing a Lawsuit in a Trademark/Copyright Case

For a mark to be considered as trademark infringement, the plaintiff must establish the following:

  • The mark is eligible for protection under the law.

  • The plaintiff filing the lawsuit must own the mark.

  • There must be a correlation between the mark and the advertising or sale of products or services.

The defendant in the case may have the following options:

  • Challenge the claim of the registered trademark

  • Deny that the owner of the trademark has grounds for a lawsuit

  • Provide defense to the alleged trademark infringement

  • Negotiate a settlement in or out of court

In either case, it is in the best interest of both the plaintiff and the defendant to try to settle the case before it goes to court. A court battle can take years to resolve, resulting in expensive and draining litigation.

How a Business Litigation Attorney Can Help

When representing either the plaintiff or the defendant, a business litigation attorney can help the client with a trademark or copyright infringement lawsuit in the following ways:

Provide Legal Consultation

A trademark infringement lawsuit can be complex. Navigating the legal process can be challenging. A business litigation attorney can provide legal counsel and advice to help the client avoid mistakes that could hinder their case. 

Gather Evidence That Proves the Client’s Case

An attorney can review the case and obtain evidence that establishes the client’s claim. Evidence may include comparing the trademarks, registration records, sales or advertising documents, or proof of intent.

Formulate a Legal Strategy

A legal team can work on behalf of the client to build their case and formulate an effective legal strategy. Furthermore, a lawyer can act on behalf of the client in all areas of the case.

Trademark and copyright infringement attorneys handle a wide range of cases such as:

  • Trademark/copyright/patent infringement

  • Online intellectual property infringement

  • Cyber-privacy

  • Misappropriation of likeness

  • Misappropriation of trade sections

  • Unfair competition

  • Deceptive business practices

Contact a Commercial Litigation Attorney in the San Francisco Bay Area

The Law Offices of David H. Schwartz provides comprehensive legal services in cases involving trademark and copyright infringement for clients in Oakland, San Mateo, Santa Clara, San Jose, Alameda County, and throughout the San Francisco Bay Area. With a track record of notable cases with satisfying results, David is an experienced and skilled attorney who is committed to defending the rights of companies. Call today for a free case assessment.