You are the owner of Associate in Nursing illustrious complete of shoes and athletic goods. you've created millions off of your product with the well-known, three-stripe trademark on the aspect of your track jackets and trainers. but this last season you’ve noticed an aesthetic goods designer has been using a confusingly similar four-striped mark on their garments and footwear. What are you able to do?

         If you follow what athletic massive Adidas America did, you will be able to bring a case alleging that the litigator "intentionally adopted and used counterfeit and/or confusingly similar imitations of the Three-Stripe Mark knowing that they may mislead and deceive,

Trademark Case Basics

1.       You are the owner of a legitimate trademark;

2.       you've priority of rights; and

3.       Defendant's mark is perhaps about to confuse among the minds of shoppers relating to the availability or support of the merchandise or services offered beneath the parties' marks.

            Going back to the Adidas example, the litigator would be compelled to prove possession of the Three-Stripe trademark, that Adidas has priority to use the Three-Stripe mark, that once goods area unit sold with a four-strip mark or similar, there is on the face of it about to be confusion by customers on UN agency is manufacturing the merchandise.

Registering Your Trademark

            A good rule of thumb is to forever register your trademark. Owning a federal trademark registration on Principal Register can give the litigator a legal presumption of the first two wants from on prime of. what's going to that mean? It implies that every one Adidas ought to do to fulfil the first two criteria in an exceedingly} very trademark case is to provide documentation of being on Principal Register. For Adidas, that is the proof that provides them with the exclusive right to use the mark nationwide on or concerning the merchandise or services listed among the registration. jointly recall that a private or business is not technically required to register their trademark to possess some rights in its use, however, registration has many blessings.

Possible Remedies

               Their unit of measurement sort of gettable remedies a court has at their disposal, should you prove productive in an exceedingly} very trademark infringement case. First, a court can order damages just like the value of continuing, attorney’s fees and any profits the litigator created of illicit using the trademark. Second, a court may order the litigator to prevent using the mark indefinitely. this will be called Associate in Nursing “injunction,” and is perhaps about to be a part of the court’s order in many cases. Finally, a court can order the destruction of all infringing things. There may even be further remedies looking forward to the court, but this is the foremost common.