If someone infringes on your trademark, you have the right to take legal actions against that person or entity. The following legal actions are available to you:
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Cease and Desist Letter:
The first step in enforcing your trademark rights is to send a cease and desist letter to the infringer. This letter should alert the infringer to the fact that their use of your trademark constitutes infringement and request that they stop using your trademark immediately. This letter can be sent by yourself or your attorney.
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Lawsuit:
If the infringer does not stop using your trademark after receiving the cease and desist letter, you can file a lawsuit against the infringer. A trademark infringement lawsuit can be filed in federal or state court. Trademark lawsuits can be expensive and time-consuming, so it is important to consider the potential cost and benefits carefully before taking legal steps.
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Injunction:
In addition to damages, you may also be able to seek an injunction ordering the infringer to cease using your trademark. An injunction is a court order prohibiting a person or entity from engaging in a specific activity, such as using your trademark without authorization.
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Damages:
You may also seek monetary damages for the unauthorized use of your trademark. The amount of damages you may be entitled to will depend on a number of factors, such as the nature of the infringement and the amount of harm that has been caused to your business.
It is important to note that there may be limitations or exceptions to these legal actions, such as the fair use doctrine, which allows for limited use of a trademark without permission in certain circumstances, such as for commentary, criticism, or parody.
If you believe that your trademark has been infringed upon, it is important to consult with an experienced intellectual property attorney. An attorney can help you assess your options, develop a strategy for protecting your trademark, and assist you with any legal action you decide to take.
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