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Trademark Infringement Litigation

How do I stop someone from using my trademark in Georgia?

If you discover unauthorized use, the first step is often sending a Cease & Desist letter. If the infringement continues, you can file a lawsuit requesting an injunction to stop the illegal activity, seize counterfeit goods, and claim damages for financial loss.

What damages can I claim for trademark infringement?

Under Georgian law, you can claim compensation for actual damages, including lost profits, or demand the profits made by the infringer from the sale of goods bearing your mark. Additionally, you can request the destruction of counterfeit goods.

Can I get an immediate ban on sales before the trial ends?

Yes, you can apply for interim measures (preliminary injunctions) to freeze the infringer's assets or ban the sale of disputed goods pending the final court decision. This prevents further market damage while the case is being heard.

What if I am accused of infringing a trademark?

If you receive a claim, do not ignore it. A specialized lawyer can analyze whether the marks are truly confusingly similar or if you have prior rights. We can build a defense strategy to protect your business from baseless accusations and financial liability.

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Trademark Infringement Litigation is an extreme but often necessary measure for brand protection. When counterfeit products appear on the market or a competitor uses a mark similar to yours to attract customers, it directly harms your reputation and financial revenue. Litigation involves using legal mechanisms to prohibit the illegal use of the mark, remove fake goods from the market, and recover damages. In Georgia, a trademark owner has the exclusive right to prevent third parties from using an identical or similar mark for similar goods if it causes confusion among consumers. Engaging a qualified lawyer is crucial, as the burden of proof (Evidence of Confusion) lies with the plaintiff. This service covers protecting the interests of both the plaintiff (rights holder) and the defendant (the party accused of infringement).

What Does Trademark Litigation Service Cover?

Specialists at Legal.ge offer full judicial and pre-trial support:

  • Analysis and Strategy: Assessing whether there is actual infringement and if litigation is worthwhile.
  • Cease & Desist Letters: Sending an official demand to the infringer to stop illegal actions before going to court.
  • Interim Measures: Applying to the court to seize fake products or ban sales pending the dispute resolution.
  • Court Representation: defending interests in all court instances.
  • Damages Recovery: Claiming compensation for lost profits or profits made by the infringer.
  • Defense Against Baseless Claims: If you are accused of infringement, the lawyer will prove your mark is distinct or you have a legal right to use it.

Real-World Scenarios Where You Need This Service

Litigation is inevitable in the following cases:

  • Counterfeiting: You discover low-quality products with packaging identical to your brand being sold on the market.
  • Consumer Confusion: A competitor created a logo very similar in color and shape to yours, confusing customers into thinking they are entering your branch.
  • Domain Dispute: Someone registered a website with your brand name and is selling competing products.
  • Parallel Import: An unauthorized dealer imported your products into the country and sells them in violation of warranty terms.

Georgian Legal Framework and Regulations

Disputes are regulated by the Law of Georgia on Trademarks and the Civil Procedure Code. The law states that infringement includes not only the use of an identical mark but also a similar mark if there is a "likelihood of confusion." Court practice considers criteria such as visual, phonetic, and conceptual similarity of marks. Also important are the Civil Code regarding damages and the Law on Competition in cases of unfair competition.

Service Process Step-by-Step

The litigation process involves several stages:

  1. Evidence Gathering: Test purchases, photographing samples, sociological surveys of consumers (to prove confusion).
  2. Negotiation: Attempting to settle the dispute peacefully (e.g., in exchange for rebranding).
  3. Filing a Lawsuit: Submitting specific claims to the court.
  4. Court Hearing: Presenting arguments and conducting expert examinations.
  5. Enforcement: Destroying illegal products and receiving compensation.

Why Choose Legal.ge?

Trademark disputes require niche specialization. A general lawyer may not understand the nuances of intellectual property. Legal.ge gives you access to licensed patent attorneys and lawyers with experience in winning such disputes. With our help, you will defend the honor of your brand.

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