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What Is a Trademark Infringement Lawyer?

Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees.

A trademark is a distinctive symbol that belongs to a brand. It has a tangible value which is protected under the law. Infringement occurs when a person or an entity uses a trademark which is confusingly similar to a trademark owned by another entity that may lead the consumers to believe it is the same.

The owner of the trademark may originate legal proceedings against that party which infringes its registration. A trademark infringement lawyer protects the right of the person who own a trademark. A company can hire the lawyer to protect their rights to their own trademark if there is an instance that the trademark was used by others to benefit from the brand’s reputation. The lawyer can file a lawsuit in state or federal court since trademarks are protected under federal law. The trademark infringement lawyer can seek penalties on behalf of his client. He can seek for an injunction to prevent the defendant from continuous use of the trademark. The lawyer can also seek for monetary damages in behalf of his client that might have caused lost profit. The trademark infringement lawyer has to prove his allegations by presenting facts or evidence that the defendant really made an infringement of the trademark and that the trademark in question is really owned by the plaintiff. The lawyer also needs to state damages caused by the infringement and the compensation that the owner of the trademark seeks for those damages.

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