Willful Trademark Infringement
Willful trademark infringement occurs when a user of a mark knows or should have known that the mark was already being used by another. Recent court decisions have noted that a user can be found liable for willful infringement if they failed to conduct a reasonable search of existing similar trademarks. Further, there is a rebuttable presumption of willful infringement when the mark in question is federally registered.
Contact us if you believe someone has infringed on your trademark.
