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  • Ryan A. Hamilton, Esq.

Trademark Litigation

Your business’ trademark and its associated goodwill are valuable assets. In some cases, a business’ trademark and goodwill are the most valuable asset. Because of their high value, it is important to protect your trademarks and goodwill if someone attempts to damage them.

Your trademark provides customers with vital information as to the source and quality of the goods and services they purchase from your business. Customers use trademarks to choose between competing producers of goods. As you are no doubt already aware, your customers see your trademark as conveying certain characteristics of the goods and services you sell. More importantly, your trademark conveys to customers guarantees of quality.

Basics about trademarks

Trademark law is complicated, especially when it comes to litigation. The following is by no means comprehensive. Instead, it is intended only to give the reader familiarity with some of trademark’s basic principles.

The law provides for various types of trademarks. There are word marks, design, marks, and composite marks, containing both words and design. In addition, there can be more unusual marks such as colors, shapes, sounds, scents, and even motion.

The more distinctive a mark is, the greater protection the mark is entitled to receive under the law. More distinctive marks receive greater protection against uses of the same or similar marks in court.

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