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Trademark infringement

A trademark protects words, names, symbols, or devices that identify a specific product for consumers. For example, Kleenex® is a trademarked company name. Other tissue makers, like Puffs®, cannot use the word Kleenex in their products, even though many people refer to all tissues as “Kleenex.” When someone uses your trademark without your consent, you will need the services of a trademark infringement lawyer. Trademark infringement attorneys know which options and procedures will get the desired outcome for your case (whether it's destroying the competing product, stopping the continued misuse of your trademark, or compensation for the money the infringer earned from your trademark). Trademark infringement attorneys can also defend your use of materials if someone claims you have infringed on their trademarked materials.

4 Defenses to Trademark Infringement

Trademarks exist in order to allow consumers to differentiate products and services that exist in a marketplace. When a business, other entity, or individual, puts time, money, and effort, into developing a valid trademark, the law provides certain protections for the trademark holder.

For instance, when trademarks look similar, or have the potential to confuse the public or consumers, a trademark infringement action can be brought against the infringing party. If the infringing party has profited off the use of the infringed-upon trademark, or has harmed the goodwill associated with the trademark, the amount of damages claimed can increase drastically. However, not all trademarks that appear to be similar or infringing will be found so under the law. There are several defenses to trademark infringement actions.

No Confusion

A common factor in the defenses against infringement requires showing that there is no possibility of confusion for consumers. Generally this can be done by showing the actual trademarks are sufficiently dissimilar, or the parties using the marks are in different markets geographically and industries.

Mark Does Not Infringe

In many trademark infringement cases, the marks being litigated are not exactly the same, but only similar. In these cases, a defendant can assert a defense that the trademark is not actually similar enough to cause confusion. Alternatively, some trademarks do not qualify for protection if they are too general, or do not meet the necessary criteria to be a valid trademark. Proving a mark cannot qualify as a trademark is a potentially solid defense.

Service/Product/Brand Differentiation

The product or service behind the mark, in some scenarios, will matter. For example, if a cosmetics company and a tire maker both have the same name, it is unlikely that consumers would confuse the two products or assume they are made by the same company. However, this distinction may not be as effective a defense if the products are more closely related, or one company manufactures a wide array of products.

Location Location Location

The physical location of where the products or services are sold or provided can actually make a significant difference. If each entity using a similar trademark only operates within their own limited geographical region, and the parties are in different regions, this could potentially serve as a defense.

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Joel Benjamin Rothman
Joel Benjamin Rothman
69

21301 Powerline Road Suite 100, Boca Raton, FL 33433

Bar #98220(FL)     License for 1996 years Member in Good Standing

Practice Areas: Advertising | Computer fraud | Copyright infringement | Entertainment | Insurance | Intellectual property | Litigation | Patent infringement | Trademark infringement
H. John Rizvi
H. John Rizvi
42

10394 W Sample Rd Suite 201, Coral Springs, FL 33065

Bar #317240(FL)     License for 2000 years Member in Good Standing

Practice Areas: Intellectual property | Patent application | Patent infringement | Trademark infringement
Samantha Lynn Dammer
Samantha Lynn Dammer
34

620 East Twiggs Street Suite 110, Tampa, FL 33602

Bar #36953(FL)     License for 2007 years Member in Good Standing

Practice Areas: Alimony | Bankruptcy and debt | Business | Chapter 7 bankruptcy | Child custody | Child support | Copyright infringement | Foreclosure | Intellectual property | Libel and slander | Litigation | Real estate | Residential real estate | Trademark infringement
Matthew Sean Tucker
Matthew Sean Tucker
28

200 SE 6th Street Suite 405, Fort Lauderdale, FL 33301

Bar #90047(FL)     License for 2011 years Member in Good Standing

Practice Areas: Brain injury | Defective and dangerous products | Litigation | Patent application | Patent infringement | Personal injury | Slip and fall accident | Trademark application | Trademark infringement | Wrongful death
Scott D. Smiley
Scott D. Smiley
24

6400 North Andrews Avenue Suite 500, Fort Lauderdale, FL 33309

Bar #678341(FL)     License for 2003 years Member in Good Standing

Practice Areas: Internet | Patent application | Patent infringement | Trademark application | Trademark infringement
David Fisher Tamaroff
David Fisher Tamaroff
22

703 Waterford Way, Suite 1050, Miami, FL 33126

Bar #92084(FL)     License for 2011 years

Practice Areas: Computer fraud | Copyright infringement | Intellectual property | Patent infringement | Trademark infringement
David Fisher Tamaroff
David Fisher Tamaroff
22

703 Waterford Way, Suite 1050, Miami, FL 33126

License for 2011 years Member in Good Standing

Practice Areas: Computer fraud | Copyright infringement | Intellectual property | Patent infringement | Trademark infringement
Jacqueline Clementine Tadros
Jacqueline Clementine Tadros
19

401 East Las Olas Boulevard, Suite 1400, Fort Lauderdale, FL 33301

Bar #497509(FL)     License for 2001 years Member in Good Standing

Practice Areas: Entertainment | Intellectual property | Patent application | Patent infringement | Trademark application | Trademark infringement
Mark Christopher Johnson
Mark Christopher Johnson
19

111 North Pine Island Road Suite 103, Plantation, FL 33324

Bar #84365(FL)     License for 2010 years Member in Good Standing

Practice Areas: Intellectual property | Patent application | Patent infringement | Trademark application | Trademark infringement
Lorri Lomnitzer
Lorri Lomnitzer
15

7999 N. Federal Hwy., Suite 200, Boca Raton, FL 33487

Bar #37632(FL)     License for 2007 years Member in Good Standing

Practice Areas: Copyright infringement | Entertainment | Intellectual property | Litigation | Patent infringement | Trademark infringement
Mark F Warzecha
Mark F Warzecha
15

1990 W NEw Haven Ave Ste 201, Melbourne, FL 32904-3923

Bar #95779(FL)     License for 2012 years Member in Good Standing

Practice Areas: Entertainment | Intellectual property | Internet | Litigation | Mediation | Patent infringement | Trademark application | Trademark infringement
Gregory Laurence Mayback
Gregory Laurence Mayback
13

5846 S Flamingo Rd # 232, Fort Lauderdale, FL 33330-3206

Bar #964247(FL)     License for 1992 years Member in Good Standing

Practice Areas: Intellectual property | Patent application | Patent infringement | Trademark application | Trademark infringement

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