Defending Against Trademark Infringement

A trademark is considered intellectual property and is legally protected from infringement. A trademark can be a word, a name, a phrase, a symbol, or even a sound. Using another individual’s or company’s trademark is unlawful, as it can confuse consumers and weaken the company’s brand. When another company uses a symbol or name that is the same as or similar to an existing company’s, whether on purpose or by accident, it may be considered trademark infringement.

Common Defenses against Trademark Infringement

An attorney can help you develop a defense if your company or you are accused of trademark infringement. There are two common defenses to this type of case:

Fair Use: If the trademark being used does not cause confusion with another brand, and is merely being used for descriptive purposes, it is considered fair use.
Parody: Trademarks can be used to parody a brand as long as the parody does not sell another consumer product.

You can be accused of trademark infringement even if you were unaware another company was already using the same trademark. For this reason, it is important to be able to legally defend yourself against the accuser and remedy the situation.

Contact a Dallas Trademark Infringement Attorney

A trademark attorney can help you develop a strong case if you are accused of trademark infringement. To consult with an experienced attorney at Gagnon, Peacock & Vereeke, P.C., call our Dallas office at (214) 824-1414.