Boca Raton Brand Protection Attorney
Skilled and Knowledgeable Intellectual Property Lawyers Serving South Florida
At Perkins Pershes, PLLC, our Boca Raton brand protection attorneys understand the importance of protecting your trademark, trade name and other characteristics that distinguish you and uniquely identify your brand. We are prepared to take all reasonable steps to protect your brand throughout the life of your company, from registration and prosecution of trademarks to enforcement actions to prevent or stop infringement, dilution, counterfeits or other attacks on your brand. To discuss a strategic plan for brand protection or for aggressive action in the face of an existing threat, contact our Boca Raton law office for immediate assistance.
How do you prevent or stop infringement on your brand?
Sometimes a phone call or e-mail may be sufficient to stop the infringing activity. Other times, a more formal cease and desist letter may be called for. Still other times, immediate and direct court involvement is necessary. If potential infringement is suspected or threatened, a preliminary injunction or a temporary restraining order may be sought. Obtaining an injunction or TRO is not a simple matter, and you must be prepared to show a likelihood of success on an infringement action at trial before a judge will restrain another entity from engaging in commerce or commercial activity.
If infringement has already occurred, it can often be redressed by seeking money damages along with an injunction to prevent further infringement. Money damages can include compensation for the actual harm which has been done as well as forcing the infringer to disgorge any profits they obtained through their infringing activity. In some cases, statutory damages are available as an alternative to actual damages. Rather than having to prove the amount of actual loss, it may be easier and satisfactory to opt for statutory damages, which may be as much as $2,000,000 if willful counterfeiting infringement can be proven. Our experienced brand protection lawyers at Perkins Pershes will counsel you on your options and the best strategy in your particular case.
What is a contributory infringer?
Sometimes a person can be liable for infringement without actually engaging directly in infringing activities. This activity is commonly known as contributory infringement or secondary liability. For instance, federal law on patent infringement says that “Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial non-infringing use, shall be liable as a contributory infringer.”
U.S. copyright and trademark law do not expressly include contributory infringement in their statutes, but the United States Supreme Court has recognized the possibility of secondary liability in these situations as well. For instance, knowingly inducing copyright infringement by another or intentionally supplying a product to someone the manufacturer or distributor knows is infringing on a trademark may be sufficient for a claim of contributory infringement.
Immediate Assistance with Brand Protection in Boca Raton
The law is complex when it comes to brand protection, and protecting yourself as the holder of intellectual property or protecting yourself against a claim of infringement can be a complicated matter. The Boca Raton brand protection attorneys at Perkins Pershes include certified mediators, arbitrators and experienced litigators ready to handle any infringement action as plaintiff or defendant. Contact Perkins Pershes, PLLC to schedule a brand protection consultation or for immediate help with any prospective or pending litigation or infringement action.
This is not intended to provide legal advice, as each circumstance is fact specific as to how the law applies. Advice from a knowledgeable attorney should be obtained.