Mandour & Associates, APC is a trademark litigation law firm. We handle trademark litigation and trademark infringement matters throughout Los Angeles, Orange County and San Diego. If you are located outside southern California, we offer local counsel and pro hac vice services.
Trademark LitigationAt times, despite even the best efforts on both sides to resolve a trademark infringement informally, the filing of a lawsuit becomes necessary. In these instances, we are aggressive trial attorneys and litigation lawyers.
Trademark litigation begins with the filing of a Complaint. Upon service of the Complaint, in federal court the defendant then has 21 days to file a responsive pleading which can be either an Answer or a Motion to Dismiss. Thereafter the parties engage in discovery which includes issuing and responding to document requests, interrogatories, requests for admissions and depositions. The discovery phase of a litigation matter can last several months and in many instances the facts produced can sway the case. After the discovery phase, the case then proceeds into dispositive motions and finally trial.
In trademark litigation, a frequent issue is whether or not a likelihood of confusion exists between two trademarks. Many factors are considered in this determination, but the two primary factors are the similarity of the trademarks and the similarity of the goods or services. If a typical consumer is confused between the two uses, then a likelihood of confusion exists. It is the plaintiff’s burden to prove that a likelihood of confusion exists. Generally the plaintiff must also prove ownership and prior use. For these issues, a trademark registration can create presumptive rights. If the plaintiff is successful in proving prior use and a likelihood of confusion, the court may issue an injunction against the defendant. Other damages potentially available in trademark litigation matters apart from an injunction include costs, damages, the infringers profits, treble damages, and attorneys fees.
For our complete litigation philosophy including a list of some infringement cases that we have handled in the past, please see our intellectual property litigation page.
If you are involved in a trademark infringement or trademark litigation matter, we of course highly recommend that you seek the advice of a trademark lawyer as soon as possible. If you are interested in having us assist you with a trademark litigation matter, please contact us. We have offices located in Los Angeles, Orange County and San Diego.