Practice Area

Federal Trademark Infringement

Federal Court · Fifth Circuit

Situation — How This Comes Up

Another company is using a mark that is confusingly similar to mine and taking my customers.

What You Need to Know First

Trademark infringement under the Lanham Act allows recovery of the defendant’s profits, your actual damages, and attorney’s fees in exceptional cases. An injunction stopping the infringement is usually the first and most important remedy.

Full Analysis

Federal trademark infringement claims under Lanham Act Section 32 and 43(a) require proving likelihood of confusion. The eight DuPont factors guide the analysis. Injunctive relief and monetary remedies including disgorgement of profits are available.

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