Key points about intellectual property and trademark infringement

Key points about intellectual property and trademark infringement

| Sep 22, 2020 | Intellectual Property |

Creating a new product or service is an exciting time for Georgia residents who are starting a business or already have a functioning business. For those who have a product and want to protect intellectual property from trademark infringement, it is important to understand certain key points. A fundamental aspect is knowing when trademark infringement is taking place and what can be done about it. For these and other intellectual property issues, it is important to have experienced legal advice from the start.

Knowing when trademark infringement is taking place

If there is a trademark in place and it is used in an unauthorized way by another individual or business, there is legal recourse to put a stop to it and seek compensation. If the “mark” – the crucial part of a trademark – is used in a way that leads to confusion as to the product or service itself or the source of the service, it can be categorized as infringement.

Should the trademark infringement be proved in court and a favorable judgment given to the complainant, there can be the following remedies: the court can issue an injunction that the defendant no longer use the trademark; there be an order to destroy or forfeit the articles that were part of the infringement; there be financial compensation including punitive damages to the person or entity who was violated; and the defendant might need to pay the plaintiff’s attorney fees. Of course, it is possible that the court determines that there was no trademark infringement.

Legal advice in protecting trademarks and other intellectual property

Formulating a unique product is often the way in which a business becomes successful. If there is an intellectual property dispute stemming from another individual or business misusing that item that was trademarked, it can cause severe financial and personal problems that might sabotage the future. Understanding the various aspects of trademarks, copyrights, patents, registration and more can help any business be fully protected. If it is necessary to pursue or defend a court case, it is also imperative to have legal help. Consulting with a firm experienced in intellectual property is essential to being fully shielded.