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A 'TIP' for Responding to Trademark Infringement

By Douglas W. Lytle

If tsunamis, hurricanes and terrorist strikes have taught us anything, it is that emergency preparedness is vital to minimizing damage and facilitating recovery. Trademark infringement is no different. Trademark infringement preparedness can help lay the groundwork for an effective response by facilitating communication, reducing delay, ensuring comprehensive gathering of key response items, allowing for productive use of human resources, and providing for efficient allocation of monetary resources.

When trademark infringement is discovered, the key objective is to stop the infringement. If a cease and desist letter proves insufficient, the way to stop infringement immediately is to file a lawsuit and seek a preliminary injunction. Although a preliminary injunction does not determine in final each party's trademark rights, by foreshadowing later results and forcing the infringer to change its business activities, it often leads to a resolution.

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