Wisconsin Trademark Infringement Litigation

Trademarks include words, designs, logos, symbols, phrases or slogans that are used to help consumers identify and distinguish goods or services offered among the competition. Companies realize the importance of this and often put significant resources into their branding in order to make an impact and be seen as a leader in the business they are in. Trademark infringement is essentially the unlawful use of someone else’s trademark. It is essential that business owners protect and enforce their trademark rights against potential infringers.

The Wisconsin trademark infringement lawyers of Loftus & Eisenberg are experienced in handling cases encompassing simple trademark infringements as well as lawsuits for the following:

• Unjust competition
• Fraudulent and false advertising
• Trade dress infringement
• Digital trademark infringement, comprising cases concerning domain names as well as unlawful use of trademarks in paid search and pay-per-click advertising
• Misuse of business names, logos and other content
• Violations of rights of celebrity

Trademarks are protected both under federal and state laws. The Lanham Act (also referred to as the Trademark Act of 1946 15 U.S.C. §§ 1051 et seq), is a federal law which governs trademark infringement cases, where our lawyers may strive for available relief as well as financial damages for being a victim of false advertising, trademark dilution or trademark infringement.

In order to be successful in a dilution or infringement lawsuit under the Lanham Act, the infringing mark must be utilized:

• through a copy or considerably similar reproduction of a registered trademark,
• in association with advertising, sales, or distributions of goods or services,
• online and in commerce, and
• in situations where the use is probable to cause mistakes, confusion or mislead a consumer by making them think they are buying a good or service connected with the trademark.

In order to prevail on a false advertising claim, the plaintiff must show the following:

• the advertising was misleading or false;
• the advertising either was deceiving, or could have been deceiving to consumers;
• the misleading manner had a material effect on consumer’s purchasing decisions;
• interstate commerce was involved with the misrepresented good or service; and
• the plaintiff either already has been or is very likely to be negatively affected due to the false advertising.

False advertising claims can lead to numerous damages, which can be reclaimed through an effective lawsuit. These damages can consist of actual damages, lost proceeds and revenues, injunctive respites, remedial advertising, and lawyer’s fees to resolve the issues.

Loftus & Eisenberg represents parties on both sides of trademark disputes. Our Wisconsin intellectual property attorneys have over fifty years’ experience litigating trademark disputes in federal courts nationwide.