Your trademark may be more valuable than you realize. After all, consumers identify you and your goods and services through that mark. It therefore strengthens your brand recognition and increases your company’s reputation in the marketplace. As a result, a strong trademark can give you a competitive edge.
Yet, trademark infringement occurs all the time. While an intellectual property lawsuit may lead to the recovery of damages suffered, the reality is that sometimes the bulk of the damage has already been done to your mark and your business’s reputation by the time you obtain a judgment. That’s why if you think that one of your trademarks is being infringed upon, then you may want to consider seeking immediate injunctive relief.
The basics of injunctive relief
An injunction stops the infringing party from using your mark while litigation is pending. This can minimize the impact that the infringement has on your business and its standing in the marketplace. However, before a court will grant injunctive relief, you oftentimes have to show that irreparable harm will be caused if injunctive relief isn’t granted.
To determine whether irreparable harm will be caused, a court will consider a number of factors. Amongst them is the amount of consumer confusion that will be caused by continued use of the mark, the strength of the trademark, any evidence of actual confusion amongst consumers, how continued infringement will affect your ability to operate in the marketplace, and the defendant’s ability to pay for any damages that may be caused by continued use of the mark while litigation is pending.
Act swiftly to protect your interests
Your intellectual property portfolio can be extremely valuable. However, it’s up to you to protect that intellectual property. Therefore, you should do your best to implement strategies that allow you to quickly take action on infringing behavior, put it to a stop, and recover compensation from egregious behavior. Fortunately, attorneys who are skilled in this area of the law stand ready to assist you.