Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

Trademark Litigation

Trademark Infringement Litigation, Unfair Competition, Lanham Act, Dilution

Trademark litigation involves disputes between two parties over their trademarks.  The claims may involve infringement, unfair competition, dilution, the Lanham Act, state statutory trademark infringement, and common-law infringement.

Plaintiffs generally seek damages (i.e. money) and injunctive relief (order to cease using a name).  Countefit and infringing goods can be confiscated or destroyed.

Defendants have defenses that avoid liability and mitigate damages.

Unlike most lawsuits, in trademark infringement, corporate officers may be liable individually for the infringement of their business.

Insurance coverage may be available to defendants under the "advertising injury" section of their general liability policy.

For plaintiffs and defendants seeking to avoid the costs of litigation, other means to protect a trademark may be available such a settlement involving the scope of goods and services be used with a mark, a license agreement, enforcement through US Customs, and inter-partes proceedings in the TTAB.