There are two main causes of action brought under trademark law: (1) likelihood of confusion; and (2) dilution of the mark. With respect to the likelihood of confusion, the basic element is that there is confusion as to the source, sponsorship, or association between goods or services.
In other words, a consumer could or would be confused as to which company is providing the specific service or manufacturing the particular good. According to trademark attorneys, dilution of the mark means that the alleged infringer is doing something to lessen the uniqueness of the mark. Specifically, according to a Dallas trademark lawyer, a trademark is probably diluted when a company's use of a ior identical mark to that of yours, loses its capacity to signify a single source of the mark. With respect to state law causes of action, as a general rule, most attorneys bringing a trademark related claim look to the Lanham act or similar state statutes that follow the Lanham Act.
However, there are many other types of claims that the practicioner should look to. For example, a top notch Los Angeles trademark attorney or Dallas trademark attorney might look to state law cato pass off, contributory passing off, unfair competition, common law misappropriation, and reverse passing off. In addition to the aforementioned, a possible plaintiff could bring claims under a state's deceptive practices act. Usually, under those types of acts, attorney's fees and possible treble damages can be recovered.
If you need more information, you should contact a qualified Dallas trademark attorney [http://www.losangelestrademarkattorney.net]. A top notch trademark lawyer can help you with your trademark issues.
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