Is someone infringing on your trademark?
Are you being accused of trademark infringement,
unfair competition or cybersquatting?
Trademark Infringement Litigation –
A trademark is a word, phrase, symbol or design, or any combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A successful trademark infringement claim must establish that the plaintiff possesses a valid, legally protectable mark, and that a defendant’s subsequent use of a similar mark is likely to create confusion as to the origin of the product at issue. Likelihood of confusion means more than a mere possibility; a plaintiff must demonstrate a probability of confusion.
We defend and prosecute trademark infringement lawsuits in federal court, from commencement through trial. If you are searching for a trademark lawyer in New York, call us right now, and consult with one of our firm’s trademark lawyers for free. Or, if you prefer, fill out our contact form to e-mail us.
Anticybersquatting Consumer Protection Act Litigation –
The Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), was enacted in 1999 to protect consumers and holders of distinctive trademarks from cybersquatting, which involves the registration as domain names of well-known trademarks by non-trademark holders who then try to sell the names back to the trademark owners. To successfully assert a claim under the ACPA, a plaintiff must demonstrate that (1) its marks were distinctive at the time the domain name was registered; (2) the infringing domain names complained of are identical to, or confusingly similar to, the plaintiff’s mark; and that (3) the infringer has a bad faith intent to profit from that mark (15 U.S.C. § 1125[d][A]).
Under the Anticybersquatting Consumer Protection Act, damages are available only if the defendant acted in bad faith in registering, or in using, a domain name that is confusingly similar to another’s famous or distinctive mark. Under the ACPA, a plaintiff may elect to recover an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name. However, monetary damages are not available where the challenged domain name was registered prior to ACPA’s date of enactment.
If you feel you are entitled to protection under the Anticybersquatting Consumer Protection Act, call our office and speak with a trademark litigation lawyer today, for free.