Trademark Infringement

Trademark Infringement

TrademarkInfringementWhen a Rose by Any Other Name … Doesn’t Work

Most often trademark infringement litigation is preceded by a warning shot in the form of a “cease and desist” letter. Usually, if the offending company complies with the order to stop using a phrase or name, the other side will be satisfied and no further action takes place.

But sometimes it’s not that simple. Surrendering use of a name can damage brand familiarity with customers, and changing a company’s name or the name of product can be difficult and expensive on many fronts. Or if the dispute is centered on some imagery or a slogan, developing and instituting replacements can be costly. Whether or not to take a stand and argue no trademark infringement took place calls for a careful cost-benefit analysis.

Trademark infringement rests on whether it’s likely that use of a name, phrase or image will create confusion in the minds of reasonable people as to what goes with which company. Unfortunately, that can be a wobbly standard for a jury to apply. Kronenberg Law takes the necessary steps to help judges and juries make a proper assessment (such as surveying random individuals to see if they’re confused by the thing in question). When businesses have names worth fighting for, Kronenberg Law works to get them the necessary ammunition.

If you are facing a trademark infringement suit, call Kronenberg Law today.