What to Do When Your Trademark is Infringed in Missouri

When a trademark infringement occurs, it can be a daunting situation for any business owner. In Missouri, taking the right steps is crucial to protect your brand and intellectual property. Here’s what to do when you find yourself facing trademark infringement.

1. Confirm Trademark Ownership

The first step is to ensure that you have a valid trademark. Verify that your trademark is registered with the United States Patent and Trademark Office (USPTO) or that you can prove common law rights through consistent use in commerce.

2. Gather Evidence

Collect evidence of the infringement. This may include screenshots of websites, photographs of products, or any other documentation that demonstrates how and where your trademark is being used without your permission.

3. Monitor the Impact

Evaluate how the infringement affects your business. Are customers confused about your brand? Is your revenue being impacted? Document any loss in sales, customer complaints, or negative feedback as a result of the infringement.

4. Contact the Infringer

Before escalating the situation, consider reaching out directly to the infringer. A cease-and-desist letter can be an effective way to resolve the issue without resorting to legal action. This letter should clearly state your rights, explain how the trademark is being infringed, and outline the actions you expect from the infringer.

5. Consult with a Trademark Attorney

If informal communication does not resolve the issue, it may be time to consult with a trademark attorney. An attorney can provide guidance specific to your situation, including the feasibility of pursuing legal action and the strength of your case.

6. Filing a Lawsuit

If negotiations fail, you might consider filing a lawsuit for trademark infringement in a Missouri federal or state court. Your attorney can help you decide the appropriate venue based on where the infringement occurred and the potential damages involved.

7. Seek Damages

If you win the lawsuit, you may be entitled to various types of damages, including actual damages, lost profits, or statutory damages. Legal costs may also be recoverable, adding further incentive to pursue your case seriously.

8. Prevent Future Infringements

After addressing the immediate issue, consider strategies to better protect your trademark in the future. This may involve monitoring your trademark’s use, registering with the USPTO, or employing a watch service to alert you to potential infringements.

Dealing with trademark infringement can be complex and stressful. However, by taking proactive steps and seeking the right legal assistance, you can safeguard your brand and maintain your business's integrity in Missouri.