RICHARD A. RYAN

TRADEMARK ENFORCEMENT/INFRINGEMENT

    The rightful owner of a trademark or service mark can prohibit others from using
the same mark or another mark which is so similar in sound, meaning or appearance
that it would be likely to lead to confusion, mistake or an incorrect association with the
trademark owner among customers of the product or services in connection with
which the mark is used.  Although actual confusion is not required to establish
trademark infringement, evidence of customers confusing the owner's products or
services with those of another company, or vice-versa,  is very strong evidence of a
likelihood of confusion.  Any evidence of actual confusion with one of your trademarks
should be accurately documented so that, if necessary, the customer can be contacted
later to establish proof of actual confusion.  If there is likelihood of confusion, the
trademark owner may be able to go to court and obtain a temporary restraining order
and preliminary injunction preventing the other company for continuing to use their
confusingly similar trademark.  In addition, the trademark owner may be able to obtain
damages, such as lost sales.  In certain circumstances, the court can order treble
damages and attorneys’ fees for intentional infringement and destruction of the
infringing goods.