Preliminary Injunction Form For Trademark Infringement In Houston
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FAQ
What are my options to respond to the suit? Challenging the claimed trademark; Denying that the trademark owner has proved infringement; Asserting a defense to the alleged infringement; and/or. Negotiating a settlement of the lawsuit by, for example, agreeing to take certain actions to avoid likelihood of confusion.
Where a trade mark has been infringed, the trade mark owner can institute legal proceedings against the infringer to claim for various reliefs: damages (monetary compensation and surrender of profits); injunction (a court order to stop the infringer from infringing your trade mark); and.
About Trademark Infringement a court order (injunction) that the defendant stop using the accused mark; an order requiring the destruction or forfeiture of infringing articles; monetary relief, including defendant's profits, any damages sustained by the plaintiff, and the costs of the action; and.
An injunction is a court order that prohibits a party from taking certain actions such as continuing sales of an infringing product. Injunctions can completely bar the use of the trademark by a party or they can have more specific terms.
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
You may file a declaratory judgment lawsuit, asking a court to declare that your mark does not infringe the trademark owner's mark, and/or that the trademark owner's mark is invalid.
The most common remedy for trademark infringement is injunctive relief. Injunctions are court orders commanding that the infringer immediately cease its unlawful activities.
To obtain a preliminary injunction, a plaintiff must establish “that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Nat.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
