Utah Complaint for Copyright and Trademark Infringement Based on Web Site Framing
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How to fill out Complaint For Copyright And Trademark Infringement Based On Web Site Framing?
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FAQ
Similarity of the Marks Even if the marks are not identical, if they are close enough to create confusion among consumers, it may be deemed infringement. Example: A new shoe company uses a stylized ?M? that looks very similar to the McDonald's ?M? logo.
Legal experts recommend sending a cease-and-desist letter as your first act of defense. This is a formal demand for the infringer to stop using your mark, specifying the infringing use and how it violates your rights as a registered trademark holder.
Using a registered trademark without permission from the owner can lead to a trademark infringement lawsuit. However, a trademark registration does not always protect all uses of a trademark. There are some situations where even registered trademarks can be used without asking permission.
Further, the trademark owner isn't the only party who can sue an infringer. Parties with exclusive and non-exclusive licenses to sell or distribute a trademarked product/service can also file a lawsuit. To have standing to sue, the person or entity must show a cognizable interest in the trademark infringement.
A trademark infringement lawsuit can potentially be the financial ruin of your business, especially if you are operating in the red. If your business is the plaintiff, as opposed to the defendant, a trademark infringement lawsuit can cost between $10,000 and $750,000.