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When there is a question whether a junior user’s use of a distinctive term in connection with its goods or services is likely – not necessarily a certainty, but more than a mere possibility – to cause confusion as to source, affiliation or sponsorship, trademark litigation can be the next step.  To address such matters, the Intellectual Property Practice Group will assemble a team, drawing from both our Litigation and Appellate Practice Groups.

Our Approach to Trademark Litigation

Our approach is straightforward: We begin by understanding the client’s ultimate goal and then act to gather the necessary evidence. First, we establish the client’s own trademark rights. Next, we examine the other party’s mark and analyze the relative priority of use. From there, we dig into the factors that weigh into a likelihood of confusion or dilution claim, and we assess the potential remedies—whether that means monetary recovery, equitable relief, or both.

In these fact-driven cases, our attorneys are ready to present compelling evidence to the finder of fact and argue for appropriate remedies—lost profits, actual damages, statutory damages, attorney’s fees, or even a permanent injunction. We approach every case with one focus: protecting our client’s rights and ensuring fair competition in the marketplace.

Crain Caton & James prepares for trial and, if necessary, appeal.  Our Intellectual Property Practice Group ensures the input from other litigators in the firm and from its appellate specialists to ensure the best presentation at any judicial level. Contact us for trademark litigation services today.

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