Trademark Infringement Attorney

Trademark infringement occurs when someone uses a mark that is confusingly similar to a registered trademark in connection with similar goods or services, without the owner's permission. The legal standard under the Lanham Act is likelihood of confusion: whether an average consumer might mistake the source of the goods or services. Registration is not required to have trademark rights, but a registration significantly strengthens your enforcement position.

Document the infringing use with screenshots, dates, and URLs before you take any action. Then contact a trademark attorney for a legal assessment. The first step is almost always a cease-and-desist letter: a formal written demand to stop the infringing use. A well-drafted cease-and-desist resolves most infringement disputes without litigation, but only if the letter accurately states your rights and the legal consequences of non-compliance.

No. Common-law trademark rights in the US arise from use in commerce, even without federal registration. However, a registration significantly expands your enforcement options. A federal registration lets you bring suit in federal court under the Lanham Act, access statutory damages, and create nationwide constructive notice. Without registration, you are limited to the geographic area where you have actually used the mark.

Non-compliance opens the path to escalation. If the infringer has a pending trademark application, an opposition at the TTAB may be available. If they have a registered mark, a cancellation proceeding may apply. If neither applies, a federal lawsuit under the Lanham Act seeking injunctive relief and damages is the next step.

Under the Lanham Act, a successful plaintiff can recover the infringer's profits, actual damages, and costs of the action. Courts can award up to three times actual damages in cases of willful infringement. Attorney's fees are available in exceptional cases. Injunctive relief — a court order requiring the infringer to stop — is the most common remedy sought and obtained.

The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the USPTO that handles disputes about trademark registrations. An opposition challenges an application during the 30-day publication window. A cancellation challenges an existing registration. TTAB proceedings are often faster and less expensive than federal litigation, and they are the right option when the goal is to block or remove a registration rather than recover damages.

Most major platforms — Instagram, YouTube, TikTok, Facebook — have trademark complaint procedures that allow rights holders to report infringing accounts, usernames, and content. These procedures are faster than litigation and often result in removal within days. For persistent infringers who refile under new accounts, a cease-and-desist combined with a platform complaint is usually the most effective combination.

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a standard arbitration process for resolving disputes over domain names registered in bad faith. If someone has registered a domain using your trademark, a UDRP filing with WIPO or FORUM can result in the domain being transferred to you — typically faster and less expensively than a federal lawsuit. Three elements must be proven: the domain is identical or confusingly similar to your mark, the registrant has no legitimate rights, and the registration was in bad faith.

Yes. I am licensed in California, Ontario, and Quebec, which means I handle both US and Canadian infringement matters directly. US and Canadian trademark law differ in important ways: common-law rights are stronger in the US, registration carries more weight in Canada, and the enforcement procedures are entirely separate. Managing both jurisdictions through one attorney keeps strategy aligned and avoids the coordination cost of two separate firms.

Resolution time depends on the infringer's response. A cease-and-desist that results in an agreement typically resolves within 30 to 90 days. A TTAB opposition or cancellation proceeding takes 12 to 24 months on average. Federal litigation is measured in years. Most disputes resolve at the cease-and-desist stage, which is why the letter's legal quality matters.