Protecting and Enforcing Your Brand Rights
A company’s brand is often one of its most valuable assets. When competitors or third parties misuse a trademark or adopt confusingly similar branding, it can undermine market reputation, dilute brand value, and cause consumer confusion. In these situations, prompt legal action may be necessary to protect intellectual property rights.
Bean, Kinney & Korman represents businesses and brand owners throughout Maryland, Virginia, and the Washington, D.C. region in trademark litigation and enforcement matters. We pursue and defend trademark claims in federal and state courts as well as before the United States Patent and Trademark Office (USPTO) when appropriate.
Our attorneys combine strategic litigation experience with practical business insight to help clients protect their brands and resolve disputes efficiently.
Trademark Litigation Services
Trademark Infringement Claims
- Enforcement of registered and common-law trademarks
- Likelihood-of-confusion analysis
- Unauthorized use of names, logos, or branding
- Litigation seeking damages or injunctive relief
We work to stop infringement and protect the goodwill associated with a brand.
Trademark Defense
- Defense against allegations of infringement
- Fair use and descriptive use defenses
- Challenges to the validity or enforceability of trademarks
- Negotiated settlement and coexistence agreements
We help businesses protect their operations and reputations when disputes arise.
USPTO Opposition & Cancellation Proceedings
- Trademark Trial and Appeal Board (TTAB) opposition actions
- Cancellation of improperly registered marks
- Defense against opposition challenges
- Strategic use of administrative proceedings
Administrative trademark disputes often occur before or alongside court litigation.
Brand Protection & Enforcement Strategy
- Cease-and-desist demand letters
- Monitoring and enforcement programs
- Settlement negotiations
- Licensing and coexistence agreements
Strategic enforcement helps prevent brand dilution and future disputes.
Who We Represent
Our Trademark Litigation practice serves:
- Brand owners and businesses
- Franchise systems
- Retail and consumer product companies
- Technology and software businesses
- Professional service firms
- Nonprofit organizations
- Entrepreneurs and startups protecting brand identity
We tailor litigation strategy to the client’s industry, brand value, and business goals.
Industries Served
We handle trademark disputes across a wide range of industries, including:
- Retail and consumer products
- Hospitality and restaurant brands
- Technology and software services
- Healthcare and professional services
- Franchise systems
- E-commerce businesses
- Nonprofit and advocacy organizations
Industry awareness informs both enforcement strategy and litigation positioning.
Trademark Litigation FAQs
What is trademark infringement?
Trademark infringement occurs when a party uses a mark that is confusingly similar to another party’s trademark in connection with related goods or services, potentially causing consumer confusion.
What remedies are available in trademark litigation?
Remedies may include injunctions to stop the infringing activity, monetary damages, recovery of profits, destruction of infringing materials, and in some cases attorneys’ fees or treble damages.
What is the TTAB?
The Trademark Trial and Appeal Board (TTAB) is an administrative body within the USPTO that handles trademark opposition and cancellation proceedings.
Do I need a registered trademark to file a lawsuit?
Not necessarily. Businesses may also assert rights based on common-law trademark use, though federal registration strengthens enforcement rights.
Can trademark disputes be resolved without litigation?
Yes. Many disputes resolve through negotiation, licensing agreements, or coexistence agreements that allow both parties to continue using their marks under defined conditions.
Videos
Trademark
Trademark Law Podcast - Bean, Kinney and Korman
Jennifer Elgin and Michael Bradley of Bean, Kinney and Korman give a background on their full-service Trademark Law practice. Additionally, Michael Bradley will be co-moderating a panel at the Trademark Administrators and Practitioners Meeting in Berlin starting September 15th, 2019.
August 26, 2019
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