Key Things to Consider Before Filing a Trademark Infringement Lawsuit

Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue.  A cease and desist letter is typically the most cost-effective option, but in some cases, a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit.

In some cases, the infringer may not be aware of your pre-existing trademark. No matter the circumstances, the cease and desist letter indicates that they must stop using your mark within a specified amount of time or you will seek further legal recourse. If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation.

If a cease and desist letter does not clear up the matter, then it may be time to litigate. There are four key things to consider when deciding on trademark infringement litigation:

Know Your Business Model and IP Rights

Success should be your ultimate aim when deciding to file a trademark infringement suit against your opponent. However, you need to have a greater grasp of your business model and intellectual property rights to anticipate success in a trademark infringement suit. You must have proof of your registered trademark as well as important dates including the date of first use in commerce. You can consult with trademark agents in the UAE to gather all such critical information. Furthermore, you need to ensure the following as well:

  • You were using the trademark before the infringer
  • Your trademark registration has not elapsed
  • You have strongly felt instances of confusion between your trademark and the mark of your alleged infringer

Trademark Litigation is Expensive & Time Consuming

You need to consider your company’s liquidity and cash flow status before moving a trademark infringement lawsuit. Filing a trademark infringement suit can cost you an immense amount of money, depending on the complexity of the case. While the case is pending in court, you may be liable to pay the expense of your attorney. There is a possibility of recouping Attorneys’ Fees from the other side, but such fees are not awarded until the conclusion of the case. 

Moreover, trademark litigations take a long time to resolve, if the dispute is contentious. Litigations are unpredictable and you will never know the true motivation of the other party until you go deep into the litigation. Considering the risks, it is advisable to take the opinion of trademark agents in the UAE before going into trademark litigation.

Be Realistic with Your Goals

In some cases, the defendant may not be capable of paying you the monetary damages even if you win the case. In case the defendant is insolvent, the money is not collectable. It means you have spent the expenses of your attorney for no reason. To avoid such situations, you need to ask yourself what you would be willing to settle for. You can consider options such as a certain fixed amount of money or the infringer agreeing to cease the use of your trademark. Understanding the bottom line will keep you grounded throughout the litigation procedure if the prospect of settlement ever happens. Consulting with trademark agents in the UAE can help you to set a realistic goal before proceeding with trademark litigations.

Hire an Experienced Trademark Attorney

To effectively present your case in court, you will require the assistance of an experienced trademark attorney. You should be represented by an attorney who has a successful track record and experience in trademark litigations. An attorney with experience can provide valuable insights into the validity of your case and advise you on an appropriate strategy. Make sure that you hire a skilled attorney that is worth the investment.

Consult with the Best Trademark Agents in the UAE

Trademark agents in the UAE can be of immense help to businesses before and during the process of trademark infringement litigation. Trademark infringement litigation is a complex process that will consume your time as well as money. However, businesses need it to stop competitors from making a profit out of unfair use of their trademark rights. Yet, you need to ensure that your case has merit before filing a trademark lawsuit.

Going for a trademark lawsuit without any merit will adversely affect you. Having merit is necessary to ensure that you win the trademark lawsuit or arrive at a viable settlement. Trademark agents such as Jitendra Intellectual Property (JIP) can assess your trademarks to determine whether your trademark has been infringed or not. We can also help you to determine the likelihood of confusion that the opponent’s mark can cause. In this way, JIP can ensure that you have a potentially valid case in your hand.

Leave a Reply

Your email address will not be published. Required fields are marked *

Fill out this field
Fill out this field
Please enter a valid email address.
You need to agree with the terms to proceed