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What is a Trademark Infringement Lawyer?

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  • Written By: Alexis W.
  • Edited By: Andrew Jones
  • Last Modified Date: 02 December 2016
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A trademark infringement lawyer protects the rights of a person who owns a trademark. A trademark is a distinctive mark or symbol that belongs to a brand. Trademarks are a form of intellectual property with a tangible value, and that are protected under the law. If someone steals or appropriates a trademark that belongs to another person or company, a trademark infringement lawyer can take formal legal action on behalf of the company who owns the rights to the trademark.

Some trademarks have tremendous monetary value. For example, designer trademarks such as Louis Vuittons LV or Chanel's interlocking C's can add hundreds of dollars to the price of an item. These trademarks are commonly appropriated by counterfitters and others who wish to capitalize upon the brand's reputation.

Intellectual property law is designed to protect these trademarks from being stolen. Like other types of intellectual property law including patent and copyright law, trademark infringement laws prohibit people from using or benefiting from the use of a trademark that belongs to another company. When someone violates these laws, a trademark infringement lawyer can be hired by the company who owns the trademark to defend their rights to the trademark.

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A trademark infringement lawyer can file a lawsuit against the person or entity who is infringing upon the trademark. This lawsuit can be filed in state or federal court, since trademarks are protected under federal law. The lawsuit is filed when the trademark infringement lawyer files the appropriate motions with the court.

A trademark infringement lawyer can seek various penalties on behalf of the client whose trademark was illegally appropriated. For example, the lawyer could seek an injunction that would prevent the person from continuing to illegally use the trademark. An injunction is an order issued by the court that mandates the other party cease and desist from the illegal behavior.

The trademark infringement lawyer can also seek monetary damages associated with the illegal use of the trademark. These damages can be actual damages, and represent lost profit that occurred as a result of the infringement. In some cases, punitive damages or other types of monetary penalties may be levied depending on the specific laws, and the specific nature of the infringement.

A lawyer who works in trademark infringement has to prove his case by proving that the person or company he is representing owns the trademark in question. He also has to prove that the trademark was illegally used by someone else in violation of trademark law. Finally, damages have to be proven.

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