Buche & Associates, P.C. - San Diego & Houston Trademark Attorneys

Trade Dress: is the overall look and appearance of a product. For example, the fluted shape of a Coca-ColaŽ bottle, the pink color of the "__________" packages of sugar in most restaurants, or the theme of a Taco CabanaŽ restaurant can be protectable trade dress.

Trademark Litigation & Unfair Competition: If two parties are using a similar name or logo in business, there may be an infringement issue. The primary issue in infringement litigation is whether there is a "likelihood of confusion" among prospective consumers. Factors considered by courts typically include: (1) similarity of the marks; (2) similarity of goods and services; (3) strength of the trademark; (4) type of consumers and the degree of care used by consumers; (5) similarity of advertising mediums; (6) intent; (7) any proof of customers being actually confused. Other factors consider seniority of use and if common law marks are at issue, geographic expansion and market penetration.

Trademark Infringement Remedies: In trademark litigation, Plaintiffs typically seek to stop infringing use of the trademark, stop imports bearing the trademarks, or they seek monetary damages for lost sales, profits, or attorney fees. If someone is using your trademark or logo, or alleging that you are infringing their trademark, it is important to consult with attorneys familiar and experienced with trademark litigation. Buche & Associates, P.C. has the expertise and experience you need in dealing with all issues of a claim of trademark infringement or unfair competition. Based in San Diego, California and with offices in Houston, Texas, Buche & Associates, P.C. is well equipped to handle your trademark infringement case. If you need an experienced San Diego trademark attorney or a Houston trademark attorney, do not hesitate to call our offices.

Statutory Basis for Trademark Infringement: A trademark owner will typically assert claims for trademark infringement under 15 U.S.C. § 1114 or unfair competition claims under the Lanham Act, 15 U.S.C. § 1125 (false designation of origin). Counterfeiting is a particularly egregious form of trademark infringement which may be addressed under 15 U.S.C. § 1117. Also, state claims for "palming off", "deceptive trade practices", "false advertising" or unfair competition are frequently tied to any federal allegations. Famous trademarks may involve claims for "trademark dilution" (blurring or tarnishment) or false advertising. A separate realm of trademark and U.S. Customs laws may be involved where "grey goods" are being imported. Grey goods are trademarked goods sold outside of authorized distribution channels and can also be considered trademark infringement or license violation.

Proper Usage of Trademarks: It is important to protect your existing trademark rights so they do not become "generic." A trademark should not be used as a verb and competitors and licensees should be periodically reminded of this fact. Once upon a time, "Aspirin" and "Escalator" were trademarks instead of common words. For example, you might want to grab a "KleenexŽ" tissue rather than a Kleenex. Trademark owners should avoid use of their trademarks as a noun or a verb and should discourage misuse by the public. For example, you may want to encourage consumers to get "XeroxŽ photocopies" rather than to "go Xerox the documents."

Infringement Opinions: Trademark infringement is something that any growing business should consider both from a defensive and offensive standpoint. Trademarks are not only important in terms of guarding business assets, but also should be given due consideration in the process of adopting product names, business names, and introducing new products. Buche & Associates, P.C. can help you pick a business or product name least likely to infringe the rights of others, and can also render legal opinions regarding the likelihood that existing uses of a particular name are likely to be accused of infringement. Because trademark rights can be nationwide in scope, you should consult with an attorney specializing in patents and trademarks before applying logos to products, letterhead and signs. Prevention is key and the cost of a legal opinion pales in comparison to the potential costs of advertising/product recall or defending a trademark infringement lawsuit.

Infringement Watch: Buche & Associates, P.C. can help you to police your trademarks with advance warnings for potentially infringing activities. We have flexible programs available for periodic market scans to identify such activity and help you stop it before it gets out of control.

International Trademarks: Buche & Associates, P.C. can assist your business to obtain worldwide protection for your intellectual property rights. Most international protection is accomplished country by country. There is some strategy in choosing those countries in which protection is sought. Buche & Associates, P.C. will work to orchestrate efforts with associate law firms throughout the world who specialize in obtaining such rights.

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