Los Angeles Trademark Infringement Lawyer

In the competitive markets of Los Angeles, you need something that sets your business apart from the competition and gives you an edge. Having a valid and protected trademark can ensure that potential clients and customers recognize your products and services and distinguish them from others. If another company infringes on your trademark rights, the impact to your business can be substantial, and a Los Angeles trademark infringement lawyer can help.

At The Kinder Law Group, our attorneys have been helping Los Angeles businesses register and enforce trademarks for over a decade, and we are ready to put that experience to work in your case. The truth is that trademark infringement harms the trust you have built with your customers. When someone comes across inferior goods and services that they believe to be associated with your trademark, they lose confidence in your company and feel they can no longer do business with you. Don’t let this happen. Instead, let us fight for you.

The marketplace reality is that trademark infringement is on the rise. In 2019, 85% of companies surveyed said that they had experienced some kind of trademark infringement at some point during the lifetime of their company. If you are a business owner or inventor in the Los Angeles area, we’re here for you. At The Kinder Law Group, our attorneys offer personalized legal strategies to defend your intellectual property rights, whatever the case.

Don’t let trademark infringement harm your brand and business. Instead, fight back with the team at The Kinder Law Group.

What Constitutes Trade Infringement in Los Angeles?

The U.S. Patent and Trademark Office, or the USPTO, lays out the definition of trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” This is a mouthful, we know, and this, along with other laws surrounding trademarks, can be confusing.

Let us break down this definition into three key parts:

• Unauthorized use. The authorized use of a trademark can include use by the owner of the trademark, along with others whom the owner of the trademark has offered permission to use said trademark. When a party has not been given authorization, they are guilty of infringing on the trademark.

• On or in connection with goods and/or services. When a party infringes on the trademark of another, the infringing party must use this trademark on or in connection with goods and/or services. This could include placing your trademark on their packaging for a product similar to yours, such as a bag of coffee beans or a piece of tech equipment. It can also be done on materials used to promote the sale of a service, such as by using a logo to market lawn care or tree removal.

• Causing confusion or deception. Lastly, when trademark infringement occurs, it must be done in a way that causes consumers or potential clients to suffer confusion or become misled or deceived in regard to the source of the product or service.

The specific circumstances of a case and how those circumstances fit these elements will vary depending on the facts of your trademark infringement case. Your attorney from The Kinder Law Group can review your unique situation and explain to you the issues that may arise in your situation and how these issues can be correctly and legally addressed.

How to Monitor Possible Trademark Infringement

In a trademark infringement case, in order for your attorney to hold the infringing party accountable for their actions, the infringing party must first be caught in the actual act. While the internet is a breeding ground for trademark and other brand infringement, it can also be a useful tool when it comes to monitoring your brands and catching infringing parties in the act. The following tools can be handy when monitoring your trademark in Los Angeles:

• Google search. One of the most useful tools, but also the most time-consuming, is the use of a general Google search. You can do both text and image searches to identify any sources of infringement.

• Google Alerts. Monitoring Google search manually, day in and day out, can feel like a waste of time, and when you’re trying to grow a business, it very well can be just that. Instead of doing this, try setting up Google Alerts for your brands. Doing so will allow you to be notified any time new uses of your brand or trademark occur online.

• Google Ads. In many markets, competitors are able to use your trademarks as keywords to capture potential clients and customers or steal already existing clients. Google Ads come into play to allow you to monitor these parties. It is important to keep a close eye on the competition to see if they use any of your trademarked text in their ads.

• E-commerce searches. Thanks to large e-commerce sites like Amazon, eBay, and even Etsy, trademark infringement is growing online. It is important to conduct frequent searches on these sites to ensure your brand identifiers are not being used to improve the infringing party’s sales.

• Industry news. If you face trademark infringement, it is likely to come from a competitor within your field. For this reason, it is important to stay up to date on the news coming out of your industry. In most situations, external industries will not infringe on your trademark.

Monitoring potential trademark infringement is a vital tool in your arsenal when it comes to protecting your brand. In our experience, prompt action leads to the greatest results in trademark enforcement.

How to Establish Your Trademark Rights

If you believe your trademark has been infringed, it is crucial to understand how you can enforce establish your rights. To substantiate a case for trademark infringement in a Los Angeles court, you must be able to demonstrate the following elements:

• You own the valid trademark in question.

• You have priority when it comes to the trademark, meaning that your rights are senior or above the rights of the infringing party.

• The infringing party’s use of the trademark is likely to cause confusion or deception or mislead consumers regarding the source of products or services that are offered under the trademark in question.

When you register a trademark with the USPTO, there are several benefits you can achieve, including protecting against infringement. These benefits include the following:

• Creating a legal standard that the party who registered the trademark is, in fact, its rightful owner

• Permitting the registering party to seek an injunction in a federal court to keep another party from using the mark

• Allowing the registering party to file a trademark infringement case in court

• Opening up opportunities for you, the owning party of the trademark, to license the trademark to others in order to gain a profit

• Protection for your brand

How The Kinder Law Group Can Help Protect You

If you suffer a trademark infringement in Los Angeles, it is vital that you hire an attorney from The Kinder Law Group. With our experience, we are here to protect your trademark and step in when the government is unable to actively police infringement. If you are not actively defending your trademark, the courts may decide to side with the infringing party. This is why always being on the defensive against trademark infringement is important.

When you work with an attorney from The Kinder Law Group, we can offer you the following services in cases of trademark infringement:

• Your attorney can work toward removing websites from cybersquatters.

• Your attorney can send a trademark cease and desist letter to the infringing party. When these letters come from an attorney, they are typically taken more seriously.

• Your attorney from The Kinder Law Group has unique knowledge of infringement, such as handling cases regarding Amazon or eBay.

• Attorneys can help you avoid expensive and time-consuming litigation, and instead, find a solution to the trademark infringement through negotiations.

• Attorneys can understand the correct response when it comes to varying levels and standards of infringement. This can help you save both time and money.

Speak with a Trusted Los Angeles Trademark Infringement Lawyer Today

If you find yourself seeking a trademark infringement lawyer, the team at The Kinder Law Group is here for you. Contact our offices today and learn more about our legal services. Schedule your initial consultation, and we will plan the right way forward.