Enforcing Your Trademark Rights: The Power Of An Injunction
A cease-and-desist letter is often an effective tool to stop trademark infringement. By making a clear demand and emphasizing an intention to take further legal action if necessary, a trademark holder may be able to put a stop to infringement. Of course, a cease-and-desist is not enough to get the job done in every case. If unlawful infringement persists, you will need to escalate the matter.
You may need to seek an injunction to make the infringer stop. An injunction is a powerful enforcement mechanism that allows you to protect your brand quickly. In this post, our Florida enforcement action lawyers highlight the key things to know about trademark injunctions and recent changes in federal law.
A Trademark Injunction is a Court Order that Bars Further Infringement
When another party infringes on your trademark rights, it can cause significant damage to your business. Under federal law (15 U.S. Code § 1116), you have the right to seek an injunction to put an immediate stop to trademark violations.
Simply defined, an injunction is a court order that requires a person/business/organization to do or stop doing a particular action. Put another way, an injunction is a court-mandated cease-and-desist. As noted, trademark injunctions are a valuable enforcement tool because they can be put into place on a preliminary basis.
What You Need to Prove to Get a Trademark Injunction
A trademark injunction is not automatically imposed. Filing a trademark infringement claim is not sufficient to get an injunction. You also need to prove that you have a strong case. A court will only order an injunction if a trademark holder can prove that the case is “likely to prevail on the merits” and that they would suffer “irreparable harm” if the trademark infringement was allowed to continue. If you are seeking an injunction to stop another party from using your trademark, it is imperative that you bring a strong initial complaint that clearly demonstrates that your IP rights are being violated. An experienced South Florida trademark enforcement attorney can help.
Trademark Holders are Entitled to a Rebuttable Presumption of Irreparable Harm
Recently, federal lawmakers have removed some confusion and clarified the legal standard that trademark holders must satisfy to obtain an injunction. In December, the United States Congress passed the Trademark Modernization Act of 2020 as part of the COVID-19 economic relief package. Among other things, the legislation restores a long-standing principle that trademark holders are entitled to a rebuttable presumption of irreparable harm in an infringement claim.
Contact Our South Florida Trademark Enforcement Attorneys for Help
At Perkins Law, our Florida trademark law attorneys have the experience and knowledge to protect your brand. If you have any questions about getting an injunction to stop trademark infringement, we are here to help. Contact our firm today to arrange a completely confidential trademark consultation. We handle intellectual property matters throughout South Florida, including in Broward County, Martin County, Palm Beach County, and Miami-Dade County.
