Intellectual property rights issues | Business & Finance homework help
To the United States Patent and Trademark Office Appeal Board:
This brief is submitted in support of my party, [Name], in the appeal against [Opposing Party] for a trademark infringement dispute. My client believes that their trademark, [trademark name], has been infringed upon and is requesting relief from the USPTO.
The dispute arose as a result of [Opposing Party] using my client’s trademark without permission to advertise its own goods or services. They did this by [describe how infringing occurred]. The unauthorized use has caused confusion among consumers resulting in damages to my client’s business reputation and financial losses due to lost sales opportunities.
It is clear that there was a violation of Section 1125(a) of the Lanham Act which states that “[a]ny person who uses an identical or confusingly similar mark in commerce shall be liable for any damages sustained by another party that are likely to arise out of such unauthorized use” (15 U.S.C§1125(a)). This provision prohibits businesses from infringing on existing trademarks with their own advertising activities as it causes consumer confusion and dilutes the value associated with said marks.
My client has provided substantial evidence demonstrating not only that infringement occurred but also why they believe they should be granted relief such as monetary compensation for losses suffered; thus I urge the board to consider these facts when making its decision on this matter so we can obtain justice for our party and ensure our rights are respected moving forward.
Thank you for your time and consideration – I look forward to hearing from you soon