Lawsuit for infringement
The experts of BRANDON IP will help you in any lawsuits for infringement before the courts, in collaboration with specialised lawyers, whether you have been the victim of an infringement or have been accused of infringement.
If you have noticed a violation of one or more of your trademark rights, there are several possible degrees of action.
Firstly, and after the initial verifications of rights are complete, it is possible to contact the opposing party through a cease and desist letter. There is a possibility that this party is unaware of your rights, and this first contact is often fruitful.
This approach tends to make the other party aware of your prior rights, explains the manner in which its use is an infringement and formulates the initial requests, such as the withdrawal of the trademark, the cessation of the sale of the counterfeit objects, etc.
If this process is not successful, a lawsuit for infringement of trademark can be considered.
It is brought before the competent court, with proof of your rights being harmed (e.g. a seizure of works infringing copyright carried out beforehand, or proof of purchase, etc.).
The Court may pronounce civil and/or criminal sanctions, such as the payment of damages or the destruction of products or even prison sentences, for instance.
The filing of a lawsuit for infringement of trademark requires a perfect mastery over the principle of trademark law. Hence, it is recommended to seek the assistance of a legal firm specialising in intellectual property.
Such a lawsuit incurs certain costs as well as deadlines to be taken into consideration; also, the negotiation route can always be taken up during the proceedings.