Smart Strategies For High-Stakes Situations

When should I gather evidence of trademark infringement?

On Behalf of | Oct 16, 2021 | blog, intellectual property law

As the owner of a profitable business, you use trademarks to promote the identity and the quality of your company. In the event another business or individual takes your trademark and uses it to sell inferior goods, your business will likely suffer. If this happens to you, you should start documenting the infringement of your mark as soon as you discover it.

If the infringement leads to litigation, you know to gather evidence on how the other party has infringed upon your mark. However, you might start off with a polite letter to the other party asking them to stop the infringement. This is no time to stop accumulating evidence, however.

Stopping the initial infringement

Forbes explains that taking steps to resolve trademark infringement without a court battle may be a more prudent course of action. The other party may have mistakenly appropriated your trademark. If you send a cease and desist letter, the other party or business might stop the infringing use immediately. In many cases, this is enough to end infringement, but not always.

When litigation becomes necessary

It is possible that the infringing party may lay low for a while and then try to use your mark again. Alternatively, you may decide that the infringement has caused financial damage to your business and you want the other party to compensate you. If the other party refuses, you may go to court.

No matter the situation, you should document the infringement and hold on to your records even if it seems the infringement is over. The infringing party might pull the products and advertisements that bear your mark after you contact them, leaving you without crucial evidence that they have appropriated your mark if you decide litigation is necessary after all.

Keep your communication records

Additionally, you should hold on to all your correspondence with the infringing party. These documents may serve as additional evidence in your case. You may also need to present them in court. You might also want your attorney to look at them so your counsel can better understand your case.

Basically, even if it seems the infringement on your trademark is over, do not count on the matter being over until some time has passed. Holding on to evidence of infringement may be of benefit if you decide to protect your intellectual property.