A recent Houston federal court decision has underscored the significance of intellectual property ri[...]
A recent Houston federal court decision has underscored the significance of intellectual property rights for businesses. Three defendants were ordered to pay over $1.5 million for trademark infringement, emphasizing the high costs of willful infringement.
The case, which began in January 2022, involved Michael Bitgood and Susan C. Norman, who registered a domestic limited liability partnership using the name of a law firm, Lewis Brisbois Bisgaard & Smith LLP, whose trademark registration had lapsed. They also claimed that Lewis Brisbois was an imposter by filing an assumed name certificate with the Texas Secretary of State’s office.
U.S. District Judge Keith P. Ellison ruled that Bitgood and his co-defendants willfully infringed on Lewis Brisbois’ trademark under the Lanham Act, which safeguards trademarks and prevents unfair competition. The judge imposed $1 million in damages on Bitgood, $500,000 on Norman, and $10,000 on Beers. Judge Ellison also criticized the defendants for filing frivolous motions that delayed the legal process and abused the court’s electronic filing system.
This case highlights the necessity of intellectual property services for businesses. Thrive IP can assist in several ways:
– Prevent Infringement: We conduct comprehensive trademark searches to identify potential conflicts before they escalate.
– Protect Your Rights: Our team guides you through the trademark registration process to ensure your brand is protected.
– Mediation Services: We offer mediation services to resolve disputes amicably, which can be a cost-effective alternative to lengthy litigation.
– Litigation Support: If you face a trademark dispute, our experienced attorneys will navigate the complexities of litigation to defend your rights.
– Advisory Services: We provide ongoing advice to help you maintain compliance and effectively manage your intellectual property portfolio.
Frequently Asked Questions About Trademark Protection:
– What constitutes trademark infringement? It occurs when someone uses a trademark similar to a registered trademark, causing potential consumer confusion.
– How can I protect my trademark? Register it with the U.S. Patent and Trademark Office (USPTO) and consult with our attorneys for a smooth application process.
– What are the potential penalties for trademark infringement? They may include statutory damages, actual damages, and sometimes punitive damages if the infringement is willful.
– Should I hire a patent attorney for trademark issues? Yes, hiring a patent attorney specializing in intellectual property can help you protect your rights effectively.
Why choose Thrive IP for your trademark needs?
The Lewis Brisbois case underscores the importance of strong trademark protection. At Thrive IP, we are dedicated to safeguarding your brand identity and offer mediation services to resolve disputes. Our experienced attorneys can guide you through the intricacies of intellectual property law.
Don’t leave your brand exposed to risks. Reach out to Thrive IP today and initiate the process of securing your intellectual property rights.
