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Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Traverse Legal Blog

Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit.

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Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection

IP and Legal Filings

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. It also demands from the opponent to refrain from using the trademark which as per the trademark bully is similar to their trademark.

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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

When settlement discussions proved fruitless, Romag sued. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. The Court found the argument intriguing but problematic.