Filing an Infringement Lawsuit When Someone Steals Your Trademark in Florida
Like other types of intellectual property, trademarks are very valuable. Nowadays, a business’ value is no longer based on its goods or other physical assets. More often, an organization’s trademarks and other intangible assets account for the most substantial portion of the value.
Trademarks are very valuable because they represent a brand and make it recognizable by consumers. Unfortunately, you may end up in a situation when someone – a competitor or another entity or individual – is illegally using your trademark.
You need to understand all trademark litigation options available in Florida, as well as become familiar with the statute of limitations for trademark infringement.
So, What is a Trademark?
Let’s start with the basics. What exactly is a trademark? In the business world, a trademark is any phrase, word, or symbol that identifies with one particular brand or company. In other words, that mark lets consumers know the source of a product or service.
A trademark is usually a brand name or logo. Without it, your consumers would not know the source of your products or services. But what are your legal options when someone uses your trademark without permission in an attempt to increase its profits or popularity due to the association with your brand?
What If Someone Steals Your Trademark?
You might have a valid infringement lawsuit if someone is using your trademark without your permission. Often, competitors or other entities are doing this to either harm your business or increase their own sales.
Illegal use of a trademark is considered “infringement” in Florida. Under Florida’s business litigation law, you can sue other parties for stealing your logo or brand name to protect your rights and obtain compensation.
By winning a trademark infringement suit in Florida, you may be entitled to monetary damages from the infringing party. The lawsuit would also block the infringing party from using your trademark in the future.
What is Florida’s Trademark Infringement Statute of Limitations?
Most trademark infringement lawsuits in Florida fall under federal law. Specifically, federal courts use the Lanham Act to determine if trademark infringement has occurred.
By filing a trademark infringement lawsuit under the Lanham Act, your business can get into a federal court. Doing so has multiple advantages, including the possibility of high monetary damages.
The Lanham Act does not have a specific statute of limitations for trademark infringement claims. Instead, it is up to the judge to determine the most appropriate amount of time for the “injured” party to sue the infringing party.
When determining the deadline for trademark infringement claims, judges apply an equitable concept called “laches,” which prevents the injured party from suing the infringing party if it would not be fair to ask the latter to defend themselves simply because too much has passed.
Why You Need a West Palm Beach Trademark Litigation Attorney
Due to the slightly confusing statute of limitations for trademark infringement claims, you should document the illegal use of your trademark as soon as you notice infringement. Then, contact a West Palm Beach Trademark Litigation attorney to discuss your options.
To build a case for trademark infringement, it may be a good idea to buy the product that contains a trademark very similar to yours and keep the receipt to show the date when you made the purchase.
If you noticed that someone stole your trademark on a website, print off the website page containing the word, phrase, or symbol that is very similar to your mark. Do not delay taking legal action. Speak with our West Palm Beach business litigation lawyers from Pike & Lustig, LLP, to discuss your course of action. Call at 561-291-8298 or visit our Contact page for a case review.