Penalties for Trademark Infringement

One of the biggest challenges facing most businesses is the cultivation of a broad and positive public reputation. Name recognition, or the ability of consumer’s to identify your product amid the sea of alternatives, is priceless. Slogans, packaging, logos, and other devices can all play a role in building this rapport, so companies invest heavily in designing and refining these markers of its goods and services. Typically, filing for trademark protection is part of this process as it secures particularly important elements and prevents others from using them or profiting from deception or imitation.

It is important to be mindful of trademarks as you grow your business, because what you may consider to be a clever play on words may constitute an infringement on another company’s intellectual property. Contact the Minneapolis intellectual property lawyers of Skjold ▪ Barthel, P.A., at 612-746-2560 to speak with an experienced attorney who can help you steer clear of costly trademark violations.

Damages for Trademark Violations

If you are found to be in violation of another company’s trademark, your business may take a significant financial hit. Perhaps more importantly, your enterprise’s reputation may suffer in the eyes of both peers and potential customers, and those are not obstacles that you need to introduce on your road to success. In some cases, it does not even matter if there was intent to defraud or violate an existing trademark. If there is a “Likelihood of Confusion”, you may be liable for the infringement. Potential penalties include:

• Injunctions to cease and to desist in the use of elements in violation of the law
• Compensation for illegitimately gained profits
• Statutory damages for what would have been proper licensing fees
• Legal fees and court costs

Contact Us

It is always safest to investigate the possibility of trademark violation before you engage in a potentially problematic campaign. Contact the Minneapolis intellectual property lawyers of Skjold ▪ Barthel, P.A., at 612-746-2560.