A claim for trademark infringment may be asserted when a business is adversely affected and its rights are diminished or the enforcement of a business' rights in trademarks acquired in good faith is infringed upon by another person. Additionally, any person who, acts without the consent of the registrant of a mark, uses any reproduction, counterfeit, copy, or colorable imitation of a mark registered under Florida law in relation with the sale, distribution, or advertising of any goods or services, which may cause customer confusion, may be held liable to the trademark registrant. Every manufacturer has the right to distinguish the goods that he or she manufactures and sells by a distinct label, symbol, or trademark, and no other person has a right to assume the manufacturer's label or trademark, or one so like the manufacturer's as to lead the public to suppose the article to which it is affixed is the manufacturer's.

To prevail on a cause of action for trademark infringement a plaintiff should consult with an experienced West Palm Beach unfair business practices lawyer, who will advise a plaintiff that he or she must plead that the defendant competes with its opponents for a common pool of customers. A plaintiff may be entitled to compensatory damages for a claim of trademark infringement as well as punitive or exemplary damages, if certain circumstances such as theft are involved.

A cause of action for unfair competition or deceptive business practices may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unfair or deceptive business practices lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.