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© KLF Legal 2019

Trademark Litigation

Our firm assists with trademark litigation in federal district court under the Lanham Act, including claims for trademark infringement, unfair competition, and dilution. 

Trademark litigation can be expensive and cost is usually a primary concern for a trademark owner considering filing a lawsuit. Most lawsuits settle before trial, so the ultimate cost of litigation depends in part on whether and when the case settles. Litigation expenses also vary depending on how vigorously the parties litigate the case, the complexity of the evidence at issue, the degree to which you are able to collect the needed information and documents and line up potential witnesses, and whether and to what extent the parties rely on expert testimony. Given the number of unknown factors, it is difficult to predict the cost of litigation accurately. However, we strive to provide clients with our best estimates based on what we know about the case and our experience litigating similar cases. 

 

Factors that affect the cost of trademark litigation include:

  • The complexity of the case, which is affected by:

    • The number of claims;

    • The number of trademarks at issue;

    • Whether the defendant challenges the plaintiff’s trademark rights or asserts other counterclaims;

    • The complexity of the legal issues;

    • The scope and depth of discovery; and

    • Whether a survey or expert witness testimony is necessary.

  • Whether the plaintiff moves for preliminary injunctive relief.

  • How vigorously the parties litigate the case, which may be affected by:

  • The strength of each party’s case;

  • The value of the parties’ trademarks; and

  • The amount of money at stake.

  • Whether the parties engage in motion practice, for example:

    • Motions to compel;

    • Summary judgment motions; and

    • Evidentiary motions (motions in limine).

  • The length of the trial.

  • Whether the losing party files an appeal.

  • Whether and at what stage of the litigation the case settles.

  • Counsel’s practices and procedures, including:

    • How many attorneys are assigned to the client’s case; and

    • The hourly rates of counsel. 

Call us today to discuss the merits and cost of your litigation, the need for immediate relief, your prospects of collecting on a judgment, the advisability of sending a demand letter, and the availability of alternative dispute resolution.

​Standard trademark litigation claims:

  • Infringement of a federally registered mark under Section 32 of the Lanham Act (15 U.S.C. § 1114)

  • Trademark counterfeiting of a federally registered mark under Section 32 of the Lanham Act (15 U.S.C. § 1114)

  • Infringement of an unregistered mark or trade dress under Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a))

  • Unfair competition or false designation of origin under Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a))

  • Dilution of a famous mark under Section 43(c) of the Lanham Act (15 U.S.C. § 1125(c))

  • Cyberpiracy under Section 43(d) of the Lanham Act (15 U.S.C. § 1125(d))

  • False advertising under Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a))

  • Infringement under state statutes or common law

  • Counterfeiting under state statutes

  • Secondary infringement claims