Introduction: Is a Trademark Infringement Lawsuit Your Next Step?
Few things are more frustrating for brand owners than seeing someone else misuse their name, logo, or slogan. While cease and desist letters are often the first line of defense, there are times when informal enforcement doesn’t work.
In these cases, a trademark infringement lawsuit may be the only way to stop the infringement, recover damages, and protect your brand’s long-term value. This guide explains when litigation is appropriate, how it works, what to expect, and how to prepare.
Understanding Trademark Infringement
Trademark infringement occurs when someone uses a trademark (or a confusingly similar mark) in a way that is likely to confuse consumers about the origin, sponsorship, or affiliation of goods or services.
Common examples include:
-
A competitor using your brand name in their product listings
-
A counterfeit seller using your logo on fake products
-
A business using a domain name or social media handle similar to yours
-
Sellers creating confusion in the marketplace by using your registered mark
When Should You Consider a Trademark Infringement Lawsuit?
A trademark infringement lawsuit should be considered if:
-
Cease and desist letters have been ignored
-
The infringement is causing measurable financial harm
-
You’re facing ongoing or repeat violations
-
The infringer is a direct competitor
-
The use of the mark could lead to long-term brand dilution or loss of distinctiveness
Lawsuits are powerful tools. They not only stop the infringement but also establish a public record of your brand’s legal strength, deterring future violations.
Legal Grounds Under the Lanham Act
Federal trademark lawsuits in the United States are primarily governed by the Lanham Act (15 U.S.C. §§ 1114, 1125). To prevail in a lawsuit, you must generally prove:
-
Ownership of a valid, protectable trademark
-
Unauthorized use of a similar or identical mark in commerce
-
A likelihood of consumer confusion as a result of that use
Courts evaluate confusion based on factors such as similarity of marks, similarity of products, evidence of actual confusion, and the strength of the mark.
What Damages Can You Recover in a Trademark Lawsuit?
If the court finds in your favor, several types of relief are available:
-
Injunctive Relief: Court orders that prohibit further use of your mark
-
Monetary Damages: Compensation for lost profits, infringer’s profits, or damage to brand reputation
-
Treble Damages: Up to three times actual damages in cases of willful infringement
-
Destruction of Infringing Goods: Removal of infringing materials from circulation
-
Attorney’s Fees: In exceptional cases where the infringement was deliberate and egregious
These remedies provide real protection for brand owners, both financially and strategically.
Trademark Infringement Lawsuit Timeline
Litigation is rarely quick. Understanding the process helps manage expectations:
| Stage | Duration |
|---|---|
| Pre-litigation investigation | 1–3 months |
| Filing the complaint | Immediate |
| Defendant’s response | 30 days |
| Discovery period | 6–12 months |
| Motions and hearings | Varies |
| Trial (if needed) | 1–3 weeks |
| Post-trial appeals | 6–12 months more |
Most trademark lawsuits settle during discovery or pre-trial, especially if the brand owner’s claim is strong.
Real-World Example: Infringement on Amazon
Let’s say a competitor starts selling products under a name that’s nearly identical to your trademark—using your keywords, color scheme, and branding. Your Amazon traffic drops. Sales decrease. Customers begin leaving reviews for a product you don’t sell.
You send a cease and desist letter, but nothing changes.
In this case, a trademark infringement lawsuit not only allows you to stop the competitor but also gives you a shot at recovering damages for lost revenue and clarifying that you are the rightful owner of the brand.
How to Prepare for Litigation
Before filing, work with legal counsel to:
-
Document your trademark ownership (USPTO registration or common law use)
-
Collect evidence of confusion or damage (emails, reviews, sales data)
-
Save examples of the unauthorized use (screenshots, product listings, packaging)
-
Calculate a reasonable estimate of damages
-
Identify the infringer and determine their location and business status
The better your documentation, the stronger your claim.
Alternatives to Filing Suit
While lawsuits are powerful, they’re not always necessary. Consider:
-
Negotiated settlement before or after filing
-
Mediation or arbitration for faster, private resolution
-
Platform complaints (Amazon Brand Registry, eBay VeRO)
-
Opposition or cancellation proceedings before the USPTO
But if you’ve exhausted these options and the infringement continues, a lawsuit is often the best solution.
Conclusion: When Your Brand Is on the Line, Litigation May Be Necessary
A trademark infringement lawsuit isn’t just about enforcing rights—it’s about preserving your brand’s future. In an increasingly competitive and global marketplace, protecting your trademark is not optional. It’s essential.
If you’re facing persistent infringement and informal enforcement hasn’t worked, don’t wait. Talk to legal counsel and take the necessary steps to enforce your rights in court.
