Fort Lauderdale Copyright and Trademark Litigation
In today’s digital age where documents, graphics, and logos can easily be recreated, and where sensitive ideas and information are often digitized, copyright and trademark litigation has become increasingly popular. This niche type of litigation stems from trademark infringement, which by definition is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
The owner of a particular copyright or trademark who believes his or her copyright or trademark is being infringed upon may file a lawsuit in either a state court or federal court to battle the infringement. There are various factors that dictate whether a state or federal court will preside over a specific copyright & trademark case, but in many cases, trademark owners will choose to try their cases in federal court. Additionally, the trademark or copyright owner may be able to have the case ‘removed’ from state court to a federal court, even when a plaintiff initially chooses to fight the case in a state court.
Copyright Infringement Remedies
During litigation or after a settlement agreement, if trademark or copyright owners can prove infringement, they may have several remedies available that could include, but are not limited to the following:
• Injunction against the defendant requiring they cease and desist from using the contested trademark or copyright;
• Court order that requires the destruction or forfeiture of any subjects the court or settlement agreement determined to be infringing;
• Financial compensation that could include any profits the defendant received as a result of using the contested trademark or copyright;
• Additional financial compensation to indemnify the copyright or trademark owner of any damages sustained by the plaintiff, including any costs of the action; and
• Additional financial compensation for the plaintiffs’ legal fees.
Conversely, the court proceedings or settlement agreement may not conclude that any meaningful copyright or trademark infringement exists. In this case, the court may instead rule that one of the following circumstances prevails:
• The defendant is in fact, not infringing on the copyright or trademark;
• A specific defense is barring the plaintiff’s claims; or
• There are other circumstances or reasons dictating that the owner of the copyright or trademark is not entitled to an injunction or any compensatory damages
Before you even step into a courtroom though, your legal counsel should be able to provide a preliminary opinion as to the outcome of your case, given the specific circumstances. It is critical to enlist the help of an experienced Fort Lauderdale copyright & trademark attorney with a solid track record in South Florida.
Trust Conrad & Scherer’s Experienced Copyright and Trademark Attorneys
Conrad & Scherer has been litigating copyright and trademark cases for more than 45 years in South Florida. Headquartered in downtown Fort Lauderdale, Conrad Scherer primarily serves Broward, Palm Beach, and Dade counties, but also litigates cases across the entire state of Florida, and also nationally. Our skilled attorneys have advocated for copyright and trademark owners in state and federal courts, and our diligence and efficiency help us achieve the most favorable outcome for our clients.
Conrad Scherer also operates practices in other states including New York and North Carolina, and our firm also operates an office in Quito, Ecuador. If you, a close relative, or business associate is facing an infringement of a copyright or trademark he or she owns, contact the professional legal team at Conrad Scherer today. Our team of experienced attorneys will collaborate to guide you and help find the most favorable outcome for your specific set of copyright and trademark litigation circumstances.