Alex Can you sue for trademark infringement in federal court?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Is trademark infringement a federal crime?
Federal Crimes That Intersect With Trademark Infringement. Both counterfeiting and piracy are federal crimes. If such issues are a part of your claim of trademark infringement, those suspicions should be reported to the appropriate federal agency.
Where are trademark infringement cases filed?
Trademark owners who decide to sue may file their complaint in either state court or federal court, depending on the circumstances. However, in most cases, the trademark owner, as plaintiff, will choose federal court.
What can I do if someone infringes my trademark?
When holders of a registered trademark allege infringement, they pursue civil lawsuits in federal court, rather than with the U.S. Patent and Trademark Office. In trademark infringement cases, plaintiffs have a wider set of remedies available to them, including injunctive relief and monetary damages.
Who is suing 3M for trademark infringement?
3M Company in China filed a lawsuit against Huawei Advanced Material Co. Ltd. for using 3N, which resulted in significant damages awarded to 3M.
When does a trial court find trademark infringement?
“Likelihood of confusion”. When the accused item directly competes with the trademarked item in the goods and services provided: the trial court will rarely look beyond the mark itself; infringement will usually be found if the two marks at issue are so sufficiently similar that consumer confusion can be expected.
Do you have to pay attorney fees for trademark infringement?
Federal court awards attorney fees to the plaintiff who wins only when the trademark infringement in question was obviously committed with intent. In most courts and most situations, each side is responsible for its own attorney fees.
When to go to federal court for trademark infringement?
Your trademark infringement case will be tried in federal court if the infringement occurred in several states, territories, or in another country. Federal court awards attorney fees to the plaintiff who wins only when the trademark infringement in question was obviously committed with intent.
Can a trademark owner Sue in state court?
However, in most cases, trademark owners choose to sue for infringement in federal court. Even when a plaintiff chooses state court, it may be possible for the defendant to have the case “removed” to federal court.
3M Company in China filed a lawsuit against Huawei Advanced Material Co. Ltd. for using 3N, which resulted in significant damages awarded to 3M.
What are some examples of trademark infringement lawsuits?
Lucky 13 v. Taylor Swift (U.S.) 13. Starbucks v. Freddoccino (U.S.) 14. Art Basel v. Adidas (U.S.) A trademark infringement lawsuit can arise when an individual or company uses another company’s trademark in a way that could cause market confusion.