What happens if you breach a trademark?
What happens if you breach a trademark?
There are a broad range of remedies available to a claimant if it is successful in proving trademark infringement. These include: A final injunction preventing a defendant from using the relevant trademark without permission in the future. Delivery up and/or disposal of the infringing goods.
Do companies have to enforce trademark?
A trademark owner need only protect his or her trademark by policing the mark and using it in the marketplace to identify products or services. If you receive a cease and desist letter because a trademark owner claims you have infringed, diluted, or otherwise misused its mark, you may have several defenses.
What are the consequences of trademark infringement?
Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff. An injunction requiring the defendant to stop producing/using/distributing goods with the trademark. Seizure of goods that use or incorporate the unauthorized trademark.
What is an example of a trademark infringement?
Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval.
What do I do if someone is using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
How long does trademark protection last?
ten years
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Can a trademark owner be sued?
Can you trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
What should you do if your company has a data breach?
Work closely with your external public relations (PR) and media partners and identify specialists in crisis management and communication who can be an extension of your internal team so that when a data breach happens, they will be at the table with you.
Is the mainstream media aware of data breaches?
The mainstream media is not aware of the technical details and only picks up on the claims of a successful hack. The company’s legal team advises executives to take a tight-lipped approach, and as a result, no proactive communication steps are taken.
What happens in the event of a breach of an NDA?
The NDA could not only provide for monetary remedies in the event of a breach but more importantly, provide injunctive relief to stop any further breaches from occurring. As these agreements play such a vital role in protecting the future of a company, it’s important that you take the construction of the clauses in an NDA seriously.
Can a data breach cause a communications crisis?
Even a rumor of a breach can trigger a communications crisis. Here’s a generalized scenario similar to cases we’ve experienced: A hot new mobile technology company lands one of the most successful IPOs of the year. A hacker going by the name of ‘Tumbleweed’ enters a forum and brags that the device can be hacked.