Trademark Infringement Lawyer

Trademark infringement requires a likelihood of confusion: the standard asks whether a typical consumer encountering the second mark would likely be confused about the source of the goods or services. Courts apply a multi-factor test that considers the similarity of the marks, the relatedness of the goods or services, the channels of trade, and the sophistication of the buyers. Two marks can look similar without being legally infringing if the products are sold in completely unrelated markets to completely different buyers. A trademark lawyer can assess whether what you are seeing meets the legal threshold before you spend money on enforcement.

You do not need a registered trademark to assert infringement, but a federal registration changes the scope and ease of enforcement significantly. With a registration, you get a legal presumption of ownership and nationwide priority from your filing date. Without a registration, you can only assert common-law rights based on geographic use, which are harder to prove and more expensive to enforce. A registration also opens platform-based enforcement tools like Amazon Brand Registry that common-law rights alone cannot access.

Document what you have found before doing anything else. Screenshots, URLs, product listings, and timestamps create a record of the infringement at the moment of discovery. After that, a trademark lawyer can evaluate whether what you are seeing meets the legal standard, what enforcement options are available, and what the risks are of each approach. Sending an untargeted cease-and-desist before evaluating the strength of your position can sometimes backfire if the other party has grounds to challenge your own rights.

Yes. Amazon Brand Registry and Etsy's IP reporting tool allow trademark owners to submit infringement reports that can result in listing removals and seller account actions. A federal trademark registration is the most effective credential for these platforms. Meta, TikTok, and YouTube have similar reporting mechanisms. Platform enforcement can be faster and less expensive than cease-and-desist letters followed by litigation, and is often the right first step when the infringement is concentrated on a specific marketplace.

The cost depends on what is required. A cease-and-desist letter that results in compliance is the least expensive outcome. Platform takedown reports are typically low cost if you have a registered trademark. TTAB opposition and cancellation proceedings cost more, and federal court litigation is the most expensive option. Many trademark disputes resolve after a cease-and-desist letter without requiring formal proceedings. I assess the likely cost of each path before we decide which one to pursue.

No. A cease-and-desist letter puts the infringer on notice and gives them an opportunity to comply without formal proceedings. Many infringers do comply, especially when the letter is from a law firm and clearly identifies the legal basis for the demand. Some infringers ignore the letter, deny infringement, or respond with a counter-demand. The letter is a first step, not a guaranteed resolution. If the infringer does not comply, the next steps include TTAB proceedings, platform enforcement, or federal court, depending on the nature of the dispute.

Likelihood of confusion is the legal standard for trademark infringement under the Lanham Act. It asks whether a typical buyer encountering the second mark would likely be confused about whether the goods or services come from the same source as yours. The test considers the similarity of the marks, the proximity of the goods or services, the strength of the original mark, and the sophistication of the relevant buyers. Two marks that are identical can coexist lawfully if the products are sold in completely unrelated markets with no overlap in customer base.

If the infringer is operating in Canada, I can assess and pursue the matter under Canadian trademark law directly, since I am licensed in Ontario and Quebec. If the infringer is outside Canada and the US, the options depend on where they have trademark registrations, where they are selling, and what platform or domain infrastructure they are using. Platform takedown tools and UDRP domain proceedings are sometimes available regardless of the infringer's location. Cross-border infringement involving markets where neither party has a registration is more complex and may require referral to local counsel in the relevant jurisdiction.

Priority in trademark law goes to the party with the earliest filing date or first-use-in-commerce date, depending on the jurisdiction. If another party has a registration that predates yours, suing them for infringement is unlikely to succeed unless you can show that your use predates their filing and that their registration was obtained fraudulently or in bad faith. If your mark was registered first, or your use predates their registration, a TTAB cancellation petition may be more appropriate than an infringement action.

Under the Lanham Act, a successful trademark infringement plaintiff can recover the defendant's profits, actual damages suffered by the plaintiff, and the costs of the litigation. In cases of willful infringement, the court can award up to three times the actual damages. Attorney's fees can be awarded in exceptional cases. Injunctive relief, requiring the infringer to stop using the mark, is often the most valuable remedy because it stops the ongoing harm rather than just compensating for past damage.