{"id":4965,"date":"2016-04-04T10:47:49","date_gmt":"2016-04-04T15:47:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/enforcing-trademark-rights.html"},"modified":"2024-05-22T02:35:42","modified_gmt":"2024-05-22T07:35:42","slug":"enforcing-trademark-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/enforcing-trademark-rights.html","title":{"rendered":"Enforcing Trademark Rights"},"content":{"rendered":"\n
\n \n
\n

Enforcing Trademark Rights<\/h1>\n
\n
\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n

Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You are the owner of a famous brand of shoes and athletic clothing. You have made millions off of your product with the well-known, three-stripe trademark on the side of your track jackets and running shoes, but this last season you’ve noticed a trendy clothing designer has been using a confusingly similar three-striped mark on their garments and footwear. What can you do?<\/p>\r\n

If you follow what athletic giant Adidas America did, you can bring a lawsuit<\/a> alleging that the defendant "intentionally adopted and used counterfeit and\/or confusingly similar marks of the Three-Stripe Mark knowing that they would mislead and deceive consumers into believing that the apparel was produced, authorized, or licensed by Adidas, or that the apparel originated from Adidas." In other words, you can go about enforcing your trademark rights<\/a> through litigation.<\/p>\r\n

Below you will find FindLaw’s step-by-step guide for pursuing legal actions to enforce Trademark rights in trademark infringement cases.<\/p>\r\n

Trademark Case Basics<\/h2>\r\n

Understanding the basics of trademark law is essential for small business owners looking to enforce their rights. If you believe your trademark has been infringed by another person or business entity, there are many things you will need to prove to a jury.<\/p>\r\n

As the plaintiff, you must prove:<\/p>\r\n