It is said that imitation is the best form of flattery.  When you see someone dressing the same way you do, you’d probably be pleased knowing that someone sees you as a model.  But when it comes to your company’s trademark, that’s another matter.  Another business using an identical trademark as yours could sow confusion in the market. Who’s really selling what to whom?  And that could mean lost revenues for your company.

So you may want to see a business lawyer in San Diego and file a trademark infringement suit. But before taking action, an experienced trademark lawyer will first assess the situation and ascertain the merits of your case.  You have to understand that not all brand names are legally strong.  For example, you may have a small pizza chain called Joe’s Pizza.  Your company may then possibly have several namesakes and they may not necessarily be infringing on your trademark. It can even be said that you do not truly own your name or trademark.  Thus, filing a case against a third party could even backfire against you.  After all, it may even be that your trade name is the one which is not original.

We may say that trademark litigation is filled with hidden risks.  Still, your trade name could have a strong legal position. In such a case, your lawyer will still be faced with two alternatives.   He can suggest that you send a trademark notice letter or a trademark infringement threat letter.  There is a world of difference between the two. With the former, you are conveying a friendly advice to the other party that there may be a potential problem with the other party’s use of the trademark. Even as you inform the other party of your trademark’s rights, you are still open to dialogue.      

On the other hand, your business lawyer from San Diego may advice you to send a trademark infringement threat letter. This is much more aggressive and combative.  Since the tone is such, your lawyer may feel that your trademark has a superior legal position. Hence, the letter may even make a claim for damages based on your monitoring on the extent of trademark infringement.

You will see that the action that your lawyer will recommend to you will depend on the strength of your trade name.  A name that sounds generic will have a weak legal position.  In other words, it may not be that easy (though not impossible) to take legal action for such a client.  However the stronger the legal position of your trade name, the more aggressive and confrontational your stance will be – even to the point of demanding damages and a cease-and-desist order on the use of the referring trade names.  A business lawyer with the proven competence in trademark law can navigate you through the nuances of international property rights.

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