Helping Our Clients With

Trademark and Trade Dress Litigation

Trademark and trade dress litigation is a critical tool for protecting your brand and enforcing your rights against infringers. At Brackett & Ellis, we specialize in representing clients in trademark and trade dress litigation to safeguard their valuable and distinctive brands. This page provides an overview of our trademark and trade dress litigation services and how we help navigate these complex legal challenges.

Understanding Trademark and Trade Dress Litigation

What is Trademark and Trade Dress Litigation?

Trademark and trade dress litigation involves legal proceedings initiated by an owner against an infringer who is using a similar or identical trademark or product design or packaging in a way that causes customer confusion or dilutes the brand’s value.

The Stakes of Trademark and Trade Dress Disputes

Effective litigation can prevent unauthorized use of your trademark or trade dress, maintain market presence, recover damages, and ensure consumers trust your brand.

Key Phases of Litigation

Cease and Desist letter: Initiating contact with the infringer demanding that it stop all unauthorized use of the trademark or trade dress.
Filing a Lawsuit: If pre-suit resolution fails, the owner may initiate formal legal proceedings by filing a lawsuit in state or federal court.
Discovery: During this process, the parties can formally obtain evidence from the other party by serving requests for production of documents, interrogatories (or written questions), and requests for admissions and by taking depositions of witnesses.
Trial: At trial, each party presents evidence to the judge or jury. At the conclusion of the trial, the fact finder decides whether the trademark or trade dress was infringed. The judge then enters a judgment for or against the owner, which may include an award of damages or injunctive relief.
Post-Trial: Either party has the right to appeal the final judgment to the Court of Appeals.
Resolution and Enforcement: Securing a final judgment from the court and enforcing it against the infringer.

Legal Services Offered by Brackett & Ellis

Comprehensive Litigation Support

Our team provides full support throughout the litigation process, from the initial investigation to final resolution.

Strategic Advocacy

We tailor our advocacy strategies to each client’s specific situation, utilizing our deep knowledge of trademark law to advance your interests effectively.

Challenges in Trademark and Trade Dress Litigation

Proving Infringement

Successfully proving trademark or trade dress infringement requires proving that the infringers unauthorized use caused, or is likely to cause, confusion among consumers.

Navigating Federal and State Laws

Trademark and trade dress law involves complex interactions between federal trademark law and state common law. Our attorneys help you navigate these complexities.

International Trademark and Trade Dress Issues

Global businesses may face trademark disputes in multiple jurisdictions. We manage international litigation efforts and coordinate with local counsel where necessary.

Our Expertise at Brackett & Ellis

Experienced Trademark and Trade Dress Litigators

Our attorneys are experienced in litigating cases across various industries, providing knowledgeable and competent representation.

Results-Driven Approach

We focus on achieving the best possible outcomes for our clients, whether through settlement or trial.

What should I do if my trademark is infringed?

Contacting a trademark attorney immediately to assess your case and discuss potential legal actions is crucial to avoid abandonment of your mark or a waiver of your claims.

How long does trademark or trade dress litigation take?

The duration of litigation can vary widely depending on the complexity of the case and the specific issues involved. Typically, a case does not reach trial until at least a year after filing the lawsuit.

Can I recover damages for trademark and trade dress infringement?

Yes, successful litigation can result in damages awarded for lost profits, recovery of illicit gains, and sometimes punitive damages.