California Trademark, Service Mark, & Trade Name Litigation Lawyer
Trademark litigation attorneys at the Orange County business law firm of The Buncher Law Corporation are tough litigators who vigorously represent their clients' intellectual property rights. Contact The Buncher Law Corporation to schedule a consultation.

Whether on the side of a plaintiff or a defendant in Trademark Infringement Litigation , trade secret, or trade dress litigation, the lawyers of The Buncher Law Corporation act as creative advocates. The integrity of trademark or trade name is perhaps more important to the long term success of a business than any physical asset it owns. Thus protecting a business's bottom line means vigorously defending its intellectual property.

Tough litigators who think outside the box in defense of your intellectual property rights.

Clients of The Buncher Law Corporation work together with the law firm as partners in strategizing and decision-making. Infringement cases may involve allegations that a company has used another's trademark or service mark to pass goods or services off as its own. In other cases, a business may attempt to misappropriate another's trade name by attempting to cause others to believe that his business entity is the same as or somehow associated with the other business.

Seeking The Right Legal Strategy to Advance Clients' Interests
In any case involving trademark litigation, The Buncher Law Corporation applies the law creatively to advance it clients' positions. This often means "thinking outside the box" in search of unique resolutions to intellectual property disputes.
Contact The Buncher Law Corporation to schedule a consultation regarding trademark infringement or any other business litigation.

Trademark Infringement Litigation information.

If your company's trademark, service mark trade name or trade dress is being used by another, or your business has been accused of infringing on another's intellectual property, retain an attorney with the experience and knowledge to provide you with solid advice and aggressive representation.

The trademark infringement litigation attorneys at the business law firm of The Buncher Law Corporation are tough litigators who vigorously represent their clients' best interests. Contact The Buncher Law Corporation to schedule a consultation. We represent clients in Orange County and throughout southern California.

Trademarks and character marks generally refer to any word, name, and/or symbol used to identify and distinguish one's goods, and the source of those goods, from others' goods.

Service marks are devices used to distinguish one's services (as opposed to goods) from that of another.

Trade names are devices used to distinguish one's business, vocation, or occupation from others

Trade Dress refers to the total image of a product or service, and as such, may include different characteristics such as shape, size, graphics, texture, color and color combinations. A plaintiff may have a case for trade dress where defendant makes a confusingly similar appearing product, and the similarity in appearance is not merely explained by the function of the product.

Trademark or service mark infringement generally occurs where a defendant tries to use another's mark, or a very similar mark, to pass defendant's goods or services off as originating from another, or attempts to cause others to believe that defendant is the originator of another's goods or services. The latter (reverse passing off) may occur where one removes another's trademark from goods, and then sells the goods under the party's own mark. Clearly such business practices are unfair, and thus it comes as no surprise that remedies for trademark and service mark infringement may also be available under Unfair Competition Laws.
Both state and federal law protect trademarks and service marks, which may be registered with either the State of California or the United States Patent and Trademark Office. Even if a trademark or service mark is not registered, state and federal law may offer some protection including remedies under the Unfair Competition Law.

Both the Untied States (federal) district courts and California state courts have concurrent, original subject mater jurisdiction in all actions arising under the Lanham Act [15 U.S.C. § 1121; 28 U.S.C. §1338(a)], which provides trademark protection. For these and other reasons, one may often choose whether to file a trademark infringement action in federal or state court, each of which may afford different strategic advantages.

There are a variety of damages and other remedies available to a plaintiff for trade or service mark infringement. For example, such damages may include defendant's profits, plaintiff's consequential damages, and costs of the action. In addition, in certain exceptional cases, a court may also award reasonable attorney's fees to the prevailing party. [e.g., see 15 U.S.C. §117(a)]. The court may also provide injunctive relief (a court order that defendant discontinue in engaging in certain conduct). [e.g. see Bus. & Prof. Code §14340.]
Furthermore, in cases where a defendant is found to have been intentionally using a mark while knowing that it's designation is a counterfeit of another's, the plaintiff may be entitled receive treble damages-three times the defendant's profits or plaintiff's damages, whichever is greater. [e.g. see 15 U.S.C. § 1114(1)(a) or 36 U.S.C. § 220506, 15 U.S.C. § 1116(d) & 1117(a), Bus. & Prof. Code §14340.] Plaintiff may also be entitled to have the counterfeit goods, together with the means of making the marks seized and possibly destroyed. [e.g., see Bus. & Prof. Code §14340.] Lastly, the defendant may be subject to criminal prosecution.
In respect to statutes of limitations, the Lanham Act contains no statute of limitations (see 15 U.S.C. §§ 1051-1127). Thus Federal courts need to look to the law of the applicable state. In respect to California State law, it is quite unclear. Thus, as in all questions involving statutes of limitations, it is critical that you consult with an attorney to determine what particular statutes of limitations apply, and their duration.

Whether you are a plaintiff or a defendant, it is important you are represented by experienced, competent, diligent and aggressive counsel in your trademark or service mark action. Look to BCB to provide you with the legal representation you need and deserve.

© Copyright 2014 The Buncher Law Corporation | Disclaimer | Privacy Policy