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To Sue or Not to Sue for Trademark Infringement

By Peter Stamatis and Steven Shonder

A strong trademark can be a company's most significant asset. Infringement, however, can strip the trademark of its value by causing “confusion among consumers” as to the identity and origin of the client's product.

Small to mid-size corporations faced with such damaging infringement may have a serious budgeting challenge. If the infringer ignores corporate counsel's cease-and-desist letter, their clients will be forced to file suit to halt the infringement. To succeed in the litigation, the trademark's owner will be required to prove, among other things, that the infringer's use of a mark is likely to cause consumer confusion.

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