Resolving Trademark Infringement Concerns
Our experienced New York trademark infringement attorneys have a high level of commitment toward clients and their valuable intellectual property rights. We know how hard our clients have worked to develop their ideas and brands. We work just as hard to protect that work through aggressive enforcement and litigation.
Dedicated Representation In A Wide Range Of Business Litigation Cases
The trademark law attorneys at Gabor & Marotta LLC represent businesses and individuals in a broad spectrum of litigation, including:
- Trademark infringement lawsuits
- Unfair competition claims
- False advertising
- Royalty disputes
- Rights of publicity cases
- Partnership and business disputes
- Intellectual property rights in bankruptcy court
When a competitor’s actions threaten the viability of your business, a lawsuit may be an action you can’t afford not to take. We send out cease-and-desist letters and then follow through with immediate legal action by filing suit in federal court.
The Best Defense Is A Good Offense To A Frivolous Lawsuit
If you have received a cease-and-desist letter — or if you are being sued in an infringement case in federal court — you need an experienced attorney to assess your liability and execute an effective litigation strategy that eliminates or reduces your exposure.
Our attorneys know the risks you face as a defendant in an infringement case and how to mitigate against them. We urge you to contact us as soon as possible to discuss immediate action to relieve you of any threatened liability.
You should know that prevailing defendants can obtain attorneys fees when claims brought against them are found to be unfounded harassment suits or suits in which the plaintiff has engaged in overly aggressive or improper conduct. If a lawsuit has been brought against you for all the wrong reasons, you may be entitled to compensation for many of your defense-related expenses.
Legal Representation In New York Trademark Disputes
Our firm offers sound and experienced legal advice, and aggressive representation in all trademark disputes for individuals, small businesses and corporations throughout New York. This includes matters of trademark infringement, trademark maintenance, registration and trademark issues, and licensing agreement resolution. Trademark and copyright infringement actions carry criminal penalties, and in some cases statutory damages and potential personal liability for officers and principals.
Equitable Relief And Money Damages In Trademark Litigation
Trademark infringement actions are high-stakes, serious cases that require the competent, thorough and aggressive representation we provide. Statutory damages and criminal penalties provide effective enforcement mechanisms.
Suing for money damages may not be enough when your company’s reputation is at stake. Under the Lanham (Trademark) Act (which applies to trademark infringement, trademark dilution, unfair competition and false advertising cases), you may also be entitled to equitable relief in addition to any monetary award.
Equitable relief may include numerous helpful protections for your business — more than just obtaining an injunction that orders the infringer to stop. You may be entitled to a court order directing corrective advertising, change of telephone listing, and/or destruction of all infringing inventory, labels, packaging, molds, plates or patterns.
Courts Have The Authority To Award Attorneys Fees
Courts also have the authority to award attorneys fees in copyright and trademark cases to the prevailing party under certain circumstances. Under the U.S. Copyright Act, attorneys fees can be awarded especially where there has been willful misconduct. Under the Lanham (Trademark) Act, attorneys fees may be awarded to the prevailing party in “exceptional circumstances.” The U.S. Court of Appeals for the 2nd Circuit has held that a prevailing party must demonstrate the existence of bad faith before attorneys fees will be awarded in intellectual property cases.
Partner Daniel C. Marotta is an experienced litigator who is able to effectively represent clients’ interests in negotiation and at trial in trademark-, copyright- and intellectual property-related matters. Our firm’s track record of success has come from a dedication to fully and aggressively protecting our clients’ rights.
Contact Our Firm
If you believe that your trademark has been infringed upon, or if you have been accused of infringement, you must act quickly to preserve your rights. Contact our New York lawyers online. You may also call our Manhattan office at 212-349-1200 or our Staten Island office at 212-349-1200.