QUESTION

Do I need to settle for trademark infringement?

Asked on Nov 20th, 2012 on Business Law - Illinois
More details to this question:
hi there. my friend copied and slightly altered a trademark design logo 1.5 years ago. I was unaware until this week when the company owning the registered trademark called and asked for settlement. Should I settle? Are there alternatives? Should I just pay?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The answer is "it depends," and it depends on the totality of the circumstances  -- which you do not set forth. Among the factors that would go into a determination to settle, and for how much, are the nature and strength of the senior user's mark, the nature of the harm (if any) that the senior use has suffered, etc. May senior users demand payment and are willing to settle for the infringer's agreement solely to cease and desist. You should obtain counsel and have your attorney review all of the facts.
Answered on Nov 21st, 2012 at 10:18 AM

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