TRADEMARK ENFORCEMENT SERVICES

Trademark rights mean nothing without enforcement. When you allow infringement to continue unchallenged, you risk:

• Loss of Rights - Failure to enforce can result in abandonment or genericide

• Brand Dilution - Consumer confusion weakens your brand identity

• Market Share Loss - Infringers steal customers and revenue

• Diminished Value - Investors and buyers discount brands with weak enforcement

• Quality Control Issues - Inferior infringing goods damage your reputation

Proactive trademark enforcement demonstrates to the marketplace that you vigorously protect your rights, deterring potential infringers and preserving brand value.

Our Trademark Enforcement Services

Yomtobian Law develops customized enforcement strategies based on your business goals, budget, and the nature of the infringement. We handle all aspects of trademark enforcement:

- Cease and Desist Letters

Often the most cost-effective enforcement tool, a well-crafted cease and desist letter can stop infringement without litigation. We draft compelling demand letters asserting your trademark rights, documenting the infringement, and demanding immediate cessation. Many infringers comply after receiving a serious legal demand, especially when represented by experienced trademark counsel.

- Opposition Proceedings

When potentially conflicting marks are published by the USPTO, we file trademark oppositions to prevent registration. Opposition proceedings before the Trademark Trial and Appeal Board (TTAB) are often less expensive than federal court litigation while effectively blocking problematic registrations.

- Trademark Litigation

For serious infringement that won't resolve through negotiation, federal trademark litigation may be necessary. Yomtobian Law represents clients in federal district court actions for trademark infringement, false designation of origin, trademark dilution, and unfair competition. We seek injunctive relief, monetary damages, destruction of infringing goods, and attorney's fees.

- Customs Recordation

For clients facing imported counterfeit goods, we record trademarks with U.S. Customs and Border Protection. This enables Customs to seize counterfeit products at the border, stopping infringement before goods enter commerce.

Strategic Enforcement Approach

Not every potential infringement warrants the same response. Yomtobian Law analyzes each situation considering:

• Strength of Your Case - Likelihood of prevailing in enforcement action

• Infringer Profile - Size, sophistication, and financial resources

• Business Impact - Actual harm to your brand and sales

• Cost-Benefit Analysis - Expected costs versus potential recovery

• Alternative Resolutions - Coexistence agreements, licensing, or settlements

We provide candid advice about your enforcement options and likely outcomes, helping you make informed decisions about how aggressively to pursue infringers.

Settlement and Coexistence Agreements

Many enforcement actions resolve through negotiated settlements rather than protracted litigation. Yomtobian Law negotiates favorable settlement terms including:

• Immediate cessation of infringing use

• Destruction or surrender of infringing materials

• Monetary compensation for past infringement

• Covenant not to use similar marks in the future

• Transfer of infringing domain names or social media accounts

In appropriate cases where coexistence is possible without consumer confusion, we negotiate coexistence agreements defining boundaries for both parties' trademark use.

Industries We Protect

Our trademark enforcement practice serves clients across all industries including technology, fashion and apparel, food and beverage, entertainment, consumer products, professional services, and e-commerce.