How do I file a trademark infringement lawsuit?

If you believe someone is infringing on your trademark in Texas, you can file a lawsuit in state or federal court. In Texas, the laws governing trademarks are found in Chapter 16 of the Texas Business and Commerce Code. When filing a trademark infringement lawsuit, you must make sure your complaint meets the requirements set forth in the Texas Rules of Civil Procedure. You must provide a concise statement of the facts and a concise statement of the relief sought. In your complaint, you must also prove the following elements in order to have a successful lawsuit: first, that you own the trademark; second, that the trademark is being used in commerce; third, that the infringed trademark is similar enough to the one that you own; fourth, that the public is likely to be confused by the similarities; and fifth, that the infringement is causing you actual economic harm. You must also prove that you have used the trademark and that the public recognizes it as identifying your goods or services. In Texas, you must also show that you are the owner of the mark. Once you’ve collected all the information needed to prove your case, you can then file your complaint in the appropriate court. You should also file a motion for a temporary restraining order if you want the other party to stop using the trademark. Once the court hears the case and renders its judgment, the other party will be required to stop using the trademark. If they fail to do so, you can then ask for damages or an injunction to prevent further infringement.

Related FAQs

What is moral rights infringement?
What is a commissioning agreement?
What is an instance of trade libel?
What is an infringement of trademark?
How long does a copyright protection last?
How is artwork appraised?
What is an economic tort?
Who regulates art law?
What is an infringement of copyright?
What is a Non-Disclosure Agreement?

How do I file a trademark infringement lawsuit?

Related FAQs

Related Blog Posts