Trademark Infringement Lawyer in Bakersfield, CA

Trademark Infringement Lawyer in Bakersfield, CA

If you have either had your intellectual property rights infringed upon or your company has been accused of infringing upon the intellectual property rights of another, please schedule a risk-free consultation with Sierra IP Law, PC’s Bakersfield, CA trademark infringement lawyer team today. Both intentional and unintentional trademark infringement is serious business. Do not delay in speaking with our experienced and trusted team about your rights and options moving forward.

Trademark Infringement Lawyer – Bakersfield, CA

Not all trademark infringement is intentional. In fact, many such instances of infringement are unintentional. However, it is important to respond quickly – whether your company’s rights are being compromised or you have been accused of infringing upon another’s rights – to the situation at hand before it becomes a more time-intensive, costly, and stressful challenge than it may have already proven to be. No matter what the particulars of your company’s unique situation are, the dedicated Bakersfield, CA trademark infringement lawyer team at Sierra IP Law, PC is here to help.

Addressing Trademark Infringement

Depending upon the unique nature of your circumstances, we may advise that you allow us to draft a “cease and desist” letter, addressed to the party infringing upon your rights. This is generally the first step taken in an infringement matter, as it gives the offending party notice that their conduct is stepping on your rights and allows you – if applicable – to prove to the court that you did what you could to settle the issue at hand before taking legal action. If the infringer does not cease and desist their offending conduct, it may be time to file a legal complaint in order to compel compliance with your cease and desist demands and to collect damages for any financial losses that the offending conduct has resulted in.

If you have received cease and desist notice from another party due to alleged unintentional infringement on your part, our legal team can advise you as to whether the allegations seem well-founded and how best to respond in ways that protect your business interests.

Trademark infringement challenges can be undeniably stressful. Working with an experienced legal team will help to ensure that your situation is resolved as efficiently and effectively as possible.

How to Determine if a Trademark Is Being Infringed Upon

If you are concerned that a competitor is using the same or a similar trademark in your business, and you are the senior user otherwise known as the first business to adopt and use this mark in connection with your goods and services then you must prove that it is being infringed. Confusion on this type of thing often arises through registration, inter partes proceedings, and infringement litigation. The type of case the standard is the same; is it probable that the consumers of the relevant goods will be confused and purchase the wrong goods.

Courts have used several factors when determining confusion derived from a 1961 case. This was Polaroid Corp. versus Polarad Electronics Corp. these factors are known as the Polaroid factors, and they’re going to vary slightly because it will affect courts of light and throughout the country in different manners.

These are intended to guide and they are not all intended to prove the case:

  • The strength of the senior users mark; and the stronger or more distinctive the first person to use this trademark is the more likely it is to be confused.
  • The similarity of the marks, the more similar the marks are the more likely consumers will be confused.
  • Similarity of the products and services being offered; the more that both companies serve the same type of audience, the more likely the consumer will be confused.
  • The likelihood that a senior user is going to bridge the gap; if it is probable that the senior user may expand their products and services into the product area of the junior user, the more likely consumers will be confused.
  • The intent in adopting the mark of the junior user, if the Junior user adopted the mark in bad faith and there is likely to be more confusion.
  • Any evidence of actual confusion, such as proof of consumer confusion is not required, however, the trademark owner shows that there is confusion to study the case.
  • Sophistication of the buyers is sometimes considered because the less sophisticated the buyer is the more likely it will be confused.
  • Quality of the products being offered, because these qualities are low quality they may actually harm both brands involved.

A lot of this evidence for confusion heavily depends on the consumer being confused and you might think that it’s rude. However, if you are using a very popular trademark, see using the Nike check mark, and a consumer is looking for a Nike shoe and they purchased your shoe which is not Nike but has a check mark on it, you are actually giving them a lower quality material than they are purchasing. This could technically be fraud, so even though it depends heavily on the consumer being confused, it also depends a lot on the quality of the materials being sold and how close these materials are to being sold in the same vein of commerce as the original creator. 

Unintentional Trademark Infringement

Although there are some companies that intentionally infringe upon the rights of others, it is a surprisingly commonplace occurrence that companies unintentionally infringe upon each other’s intellectual property rights. If you either suspect that your company may have unintentionally infringed upon the rights of another company, please connect with an experienced trademark infringement lawyer in Bakersfield, CA today. Similarly, if your company has received confirmation that it has infringed upon the rights of another, it is important to connect with the knowledgeable team at Sierra IP Law, PC as soon as you can.

It isn’t always easy to know—at least, at first glance—whether accusations of infringement are justified. Similarly, if you are concerned that you have unintentionally infringed on another company’s rights, it can be difficult to know what to do to right the situation. Know that when you speak with our dedicated team, we will ensure that we are truly familiar with all the relevant facts pertaining to your situation before we provide you with an objective assessment of how you should respond to your circumstances. Depending on the nuances of your situation, we may advise that you do nothing, that you file an active defense, that you cease some use of another’s mark, or that you take different steps unique to your challenges.

Responding to Infringement Accusations

It is possible that you have been served with notice (or have concerns that you could be in the future) that you have infringed upon another’s rights… and these accusations and/or concerns are unfounded. If this is the case, the team at Sierra IP Law, PC will either help you to clarify your situation so that the accusations are no longer relevant or we will help you to set your mind at ease that you have done nothing wrong.

With that said, if the accusations/concerns in question are valid, we’ll likely need to craft a strong defense on your company’s behalf—OR—we’ll help you to respond to the scenario in ways that allow the end of your use of the mark in question to bring an end to the concerns at hand. Which approach will be appropriate in this situation will depend upon whether the intellectual property holder has demanded that you stop using the mark or has already filed a suit for damages.

Finally, it is important to understand that there may be “outlier” scenarios that do not conform to these commonplace courses of action. If an outlier scenario applies to your company’s situation, our firm’s trademark infringement lawyer in Bakersfield, CA will provide you with whatever personalized support and guidance that you may require.

Protecting Your Intellectual Property Moving Forward

Dealing with accusations of unintentional infringement can be very stressful. Once our experienced California legal team at Sierra IP Law, PC has helped you to navigate the challenges before you, our trademark infringement lawyer in Bakersfield, CA can assist you with crafting a proactive intellectual property protection strategy moving forward. This approach will help to ensure that you don’t have to deal with any well-founded infringement accusations going forward.

Legal Assistance Is Available

Whether you are in need of formal trademark registration services, your company needs to enforce its trademark protections against infringement, or your company has been accused of trademark infringement, the trusted California legal team at Sierra IP Law, PC is here to assist you. During a risk-free consultation, our team will answer your questions, address your concerns, and clarify both your rights and options under the law. Trademark infringement is a serious issue and must be treated with seriousness of purpose. Our firm’s experience and focused approach honors the sensitive nature of this legal reality. Connect with us online or call our firm today to schedule a case evaluation with our firm’s Bakersfield, CA trademark infringement lawyer team to learn more; we look forward to speaking with you.

Sierra IP Law, PC - Patents, Trademarks & Copyrights

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