Service Mark Infringement Litigation

California Service Mark Infringement Attorneys

The service mark infringement and intellectual property attorneys at Irvine California law firm of Burch, Coulston & Buncher, LLP, are known as tough litigators who vigorously represent their clients' best interests. Contact Burch, Coulston & Buncher, LLP to schedule a consultation. We represent clients in Orange County and throughout the Los Angeles area.

Service marks are similar to trademarks, but are used to distinguish one’s services from that of another.

Trademark or service mark infringement generally occurs where a defendant tries to use another’s mark, or a very similar mark, to pass defendant’s services off as originating from another, or attempts to cause others to believe that defendant is the originator of another’s services. Clearly such business practices are unfair, and thus it comes as no surprise that remedies for trademark and service mark infringement may also be available under Unfair Competition Laws.

There are a variety of damages and other remedies available to a plaintiff for trade or service mark infringement. Just some of these remedies are generally discussed below. Such damages may include defendant’s profits, plaintiff’s consequential damages, and costs of the action. In addition, in certain exceptional cases, a court may also award reasonable attorney’s fees to the prevailing party. [E.G., see 15 U.S.C. §117(a)]. The court may also provide injunctive relief (e.g., a court order that defendant discontinue in engaging in certain conduct). [E.G., see Bus. & Prof. Code §14340.] Furthermore, in cases where a defendant is found to have been intentionally using a mark while knowing that it’s designation is a counterfeit of another’s, the plaintiff may be entitled receive three times the defendant’s profits or plaintiff’s damages, whichever is greater. [E.G. see 15 U.S.C. § 1114(1)(a) or 36 U.S.C. § 220506, 15 U.S.C. § 1116(d) & 1117(a), Bus. & Prof. Code §14340.] Plaintiff may also be entitled to have the counterfeit goods, together with the means of making the marks seized and possibly destroyed. [E.G., see Bus. & Prof. Code §14340.] Lastly, the defendant may be subject to criminal prosecution.

In respect to statutes of limitations, the Lanham Act contains no statute of limitations (see 15 U.S.C. §§ 1051-1127). Thus Federal courts need to look to the law of the applicable state court. In respect to California State law, it is quite unclear. Thus, as in all questions involving statutes of limitations, it is critical that you consult with an attorney to determine what particular statutes of limitations apply, and their duration.

Whether you are a plaintiff or a defendant, it is important you are represented by experienced, competent, diligent and aggressive counsel in your trademark or service mark action. Look to BCB to provide you with the legal representation your need and deserve. We serve clients in Orange County and throughout the Los Angeles area.