Some considerations in deciding whether to file a federal trademark suit are:
- Whether the plaintiffs can present evidence of actual confusion;
- Whether the offending user is using the mark to sell similar goods;
- Whether defendant used the mark in commerce; and
- Whether the mark was federally registered.
If you are a trademark owner and you believe you have a trademark infringement claim or you are being accused of trademark infringement and require assistance, please email us at firstname.lastname@example.org or call us to speak to one of our attorneys.