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What does a Trademark Infringement Attorney do?

By Cassie L. Damewood
Updated May 16, 2024
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Trademark infringement attorneys defend and protect people and companies against a person or company who has breached or allegedly breached trademark laws by copying or using their registered names, logos, shapes, designs, colors, or a combination thereof without permission. He is an attorney who specializes in trademark law and applies the related statutes and precedents to cases brought by small and large companies in an extremely wide range of industries. Clients rely on the expertise of a trademark infringement attorney to identity their trademark rights and advise them on how to protect them against theft and illegal use.

In addition to defending trademarks, a trademark infringement attorney also advises clients on proprietary rights regarding licenses, copyrights, patents, branding, and other intellectual property. Prosecuting infringement cases is a large part of this type of attorney's portfolio, but he also assists clients in patent and trademark searches to prevent infringement. He may also provide guidance on the general procedures to obtain and register copyrights and trademarks and assist in managing intellectual property rights.

Many times a client wishes to register a trademark or copyright a product, document, design, or image to keep anyone from pilfering the original concept and its execution. It is the responsibility of the trademark infringement attorney to advise the client on what can and cannot be protected. These guidelines are highly subjective and address the generic, vague, generally descriptive, or suggestive natures of the trademark or copyright in question.

When arguing for the client and defending their rights, a trademark infringement attorney is required to be well versed in domestic as well as international trademark and copyright laws if the products or services in question are available worldwide. He should note relevant precedents and point out the severity of the penalties and fines involved. Drafting negotiations to resolve disputes and drawing up contracts are also his responsibilities and normally involve the input from the prosecution and defense teams.

Prior to the introduction and subsequent popularity of the Internet, trademark infringement attorneys dealt mainly with disputes involving brick-and-mortar companies involved in retail, wholesale, and service operations. These clashes normally involved simple matters such as logos, names, and designs. More recently, the scope of challenges and debates has come to encompass Internet protocol issues and domain name disputes as well as other cyberspace-specific issues like webpage design, software and hardware design, and website content issues.

A career as a trademark infringement attorney can be demanding and exciting. It does, however, involve long hours researching precedents and keeping on top of current rulings and opinions of many courts. As the national and global marketplaces continue to grow, so do the opportunities for companies and individuals, either purposely or inadvertently, to copy someone else's creativity and try to make it their own.

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