Florida has a low-tax profile, strong pro-business policies, and a massive number of consumers willing to spend their money on high-quality goods and services. Securing a strong trademark in this competitive market is certainly an advantage for entrepreneurs.Ā Ā
In this article, you will discover how to win a trademark infringement lawsuit in Florida.
Common Law Trademark vs. Trademark Registration – The Basics
Trademark registration is not mandatory, as the rights over a certain trademark come from its use in business. An unregistered trademark being actively used in business is referred to as a “common law trademark.”Ā
It is possible to enforce common law trademarks in court, but they offer limited protection compared to registered marks. Florida trademark owners have two options for registration – filing for a state trademark or a federal trademark.
Registering a trademark in Florida requires less time and money than federal registration. All you need to do is fill out the required paperwork and submit it to the Florida Department of State (Division of Corporations) with the applicable fee.Ā
If you want to obtain a federal trademark, you must apply with the United States Patent and Trademark Office (USPTO). A federal trademark offers nationwide protection, while Florida trademarks can only be enforced within state jurisdiction.
Another advantage of federal trademarks is that they supersede other marks in terms of priority. No matter how long a common law trademark has been used in business, a federally registered trademark will have the precedence of an unregistered mark.
How Do You Win a Trademark Infringement Lawsuit in Florida? – Taking a Closer Look
In a lawsuit for trademark infringement, the injured party (plaintiff) must demonstrate that:Ā
- He or she is the legitimate owner of the trademark
- The priority of the plaintiff’s trademark over the defendant’s mark, and
- The occurrence of a likelihood of confusion
A likelihood of confusion occurs when the similarities between two marks are overwhelming and the goods or services for which they are used are related, leading consumers to believe they come from the same source.
One of the key purposes of trademarks is to help consumers distinguish the source of goods and services in the marketplace.
If the infringing mark is used for the same goods or services as the plaintiff’s mark or is too similar in terms of appearance, sound, or commercial impression, it may result in a likelihood of confusion. Trademark infringement cases are complex, as courts tend to evaluate a set of factors that include:
- How strong the plaintiff’s mark isĀ
- Whether the goods or services provided by both parties are relatedĀ
- The geographic area wherein the plaintiff and defendant conduct their business activitiesĀ Ā
- The advertisement methods used by both partiesĀ
- The merchandising methods used by both partiesĀ
- Whether the defendant’s intent was in bad faithĀ Ā
How Do You Win a Trademark Infringement Lawsuit in Florida? – Seek Professional Guidance
It is hard to handle a trademark infringement lawsuit without proper representation in court and no knowledge of federal and state trademark laws. A seasoned trademark attorney is fundamental to:
- Review your case and tailor an appropriate strategyĀ Ā
- Stop the infringing party from using a trademark without permissionĀ
- Draft and handle all the necessary paperworkĀ
- Identify the remedies available for your caseĀ
- Firmly represent your interests before the courtĀ Ā
Waste No Time with Uncertainty – Immediately Contact Jurado & Associates, P.A.
Ā A zealot trademark attorney from Jurado & Associates, P.A. is willing to help protect your interests in Florida. Contact us by calling (305) 921-0976 or emailing [email protected] for an individual assessment.
