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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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Mark David Bowen

4901 NW 17th Way Suite 308, Fort Lauderdale, FL 33309

Bar #29173(FL) License for 1994 years

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

Mark David Bowen

4901 NW 17th Way Suite 308, Fort Lauderdale, FL 33309

Bar #29173(FL) License for 1994 years

I'm a Registered Patent Attorney with a degree in Mechanical Engineering. I provide high quality patent and trademark services to a diverse client base in a cost efficient manner by operating in a modern paperless office environment. My firm was established in 1969, and is currently celebrating 52 years of continuous service in South Florida. We have assisted clients in Florida and around the World in obtaining thousands of patents and trademark registrations. Our attorneys are...

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

Samantha Lynn Dammer

813-288-0303

620 East Twiggs Street Suite 110, Tampa, FL 33602

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

Lorri Lomnitzer

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

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

Lorri Lomnitzer

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

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

At The Lomnitzer Law Firm, we offer Intellectual Property, litigation, and Entertainment Law Representation for our clients. We take pride in being a full service South Florida law firm practicing in the areas of intellectual property, entertainment law, business law and civil litigation. Other areas of our practice include sports law, commercial litigation, media law and cyber law. We are also able to provide advice and counsel clients in the areas of defamation, internet attacks, entity...

Mark Christopher Johnson

754-300-1500

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

Mark Christopher Johnson

754-300-1500

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

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

Mark C. Johnson, Esq., managing partner of Johnson | Dalal, is a Registered Patent Attorney with the United States Patent and Trademark Office, a licensed attorney with the Florida Bar, and a Florida Board Certified Expert and Specialist in Intellectual Property Law. Mark also holds a Bachelor of Science degree in Mechanical Engineering. Mr. Johnson and the Firm's primary focus is to assist all clients in the protection, prosecution, and preservation of Patents, Trademarks, Copyrights, and...

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

Matthew Sean Tucker

954-204-0444

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

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

David Fisher Tamaroff

786-431-2326

703 Waterford Way, Suite 1050, Miami, FL 33126

Bar #92084(FL) License for 2011 years Member in Good Standing

Practice Areas: Computer fraud | Copyright infringement | Intellectual property | Patent infringement | Trademark infringement

David Fisher Tamaroff

786-431-2326

703 Waterford Way, Suite 1050, Miami, FL 33126

Bar #92084(FL) License for 2011 years Member in Good Standing

David Tamaroff is an intellectual property litigator with Morgan & Morgan's Business Trial Group. He represents plaintiffs on a contingency-fee basis in all types of intellectual property cases. He has substantial experience litigating claims of copyright infringement, patent infringement, and trademark infringement and counterfeiting in federal courts across the country. Prior to devoting his practice to litigation, Tamaroff also helped clients secure their intellectual property rights by...

Practice Areas: Computer fraud | Copyright infringement | Intellectual property | Patent infringement | Trademark infringement

Joel Benjamin Rothman

561-404-4335

21301 Powerline Road Suite 100, Boca Raton, FL 33433

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

Michael C Addison

813-223-2000

400 N Tampa Street Suite 1100, Tampa, FL 33602-4714

Bar #145579(FL) License for 1972 years Member in Good Standing

Practice Areas: Business | Contracts and agreements | Lawsuits and disputes | Litigation | Trademark infringement

William S Isenberg

601 N.W. 82nd Avenue Williams S Isenberg Esq, Plantation, FL 33324

Bar #192762(FL) License for 1975 years

William S Isenberg

601 N.W. 82nd Avenue Williams S Isenberg Esq, Plantation, FL 33324

Bar #192762(FL) License for 1975 years

William S. ("Bill") Isenberg is rated as an AV attorney by Martindale-Hubbell, the highest rating an attorney can obtain for legal knowledge and ethical standing. He is highly experienced in complex litigation in jury, non-jury and arbitration matters. Bill is often consulted by other attorneys, who have retained Bill for his expertise in jury selection and cross-examination of opposing expert witnesses in complex real estate and corporate litigation. He graduated from Boston University...

H. John Rizvi

954-452-0033

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

H. John Rizvi

954-452-0033

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

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

Professor John Rizvi is a Board Certified Patent Attorney, Adjunct Professor of law, and recognized speaker in the field of intellectual property. He has over 20 years of experience in patent and trademark law and is one of the first group of attorneys ever to be Board Certified as an expert in this field. He is a recognized TED Talker with 2 of his talks featured last year in Inventor’s Digest in a listing of the “top 10 TED Talks for Inventors”. His books "Escaping the Gray" and "Think and...

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

Scott D. Smiley

754-300-1500

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

Scott D. Smiley

754-300-1500

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

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

Scott D. Smiley is a Registered Patent Attorney, holds a degree in Electrical Engineering, and, in addition to his daily legal practice, teaches Patent Law at Nova Southeastern University's Law Center. Scott assists clients with patents in virtually every technology area, trademarks, and copyrights. Mr. Smiley was part of a team that litigated a three-year long patent infringement case against The Home Depot U.S.A., Inc., where they successfully proved that The Home Depot engaged in willful...

Practice Areas: Internet | Patent application | Patent infringement | Trademark application | Trademark infringement

Robert Michael Downey

6751 N Federal Hwy Ste 300, Boca Raton, FL 334871647

Bar #793371(FL) License for 1989 years Member in Good Standing

Robert Michael Downey

6751 N Federal Hwy Ste 300, Boca Raton, FL 334871647

Bar #793371(FL) License for 1989 years Member in Good Standing

Robert M. Downey was born in Mineola, New York. Mr. Downey attended the United States Merchant Marine Academy at Kings Point, N.Y. where he received his Bachelor of Science degree, with honors. Following college, Mr. Downey attended the University of Miami School of Law where he earned his Juris Doctor (Law) degree. Following his graduation from the Merchant Marine Academy, Robert Downey served six years as a Commissioned Officer in the U.S. Naval Reserve, both as a Lieutenant JG and a...

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