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What should I do if someone sues me for trademark infringement?

When the defendant infringes a trademark, he must clarify the other party's claim of trademark infringement, carefully verify the plaintiff's evidence, prepare evidence that is favorable to him, and seek legal advice on intellectual property rights.

Explicit claims of trademark infringement usually include:

1. Stop using it. This is an inevitable requirement for all infringement cases and a basic requirement for prosecution.

2. Compensation for losses. Most people will claim compensation, it’s just a matter of how much. Under special circumstances, if the plaintiff does not put it into use or believes that the situation of reverse infringement is like If You Are the One, it will generally not ask for compensation. Because such compensation is often not supported.

3. Since intellectual property rights protection can claim the other party’s legal fees, reasonable rights protection fees are usually one of the claims. The most common part of this reasonable expense is notary fees, etc.

4. There will also be some lawsuits requiring an apology to be published in newspapers. Since infringement of intellectual property rights is not accompanied by physical harm or loss of personality, it is often not supported. It depends on the specific situation.

Second, carefully verify the plaintiff’s evidence. Some trademark lawsuits do not involve lawyers, and the evidence is mixed. The original, photocopy, and notarized certificate must be kept together. The court talks about evidence. There are even cases where the plaintiff believes that he or she has a good reputation, but there is no evidence to support it and it can be overturned. However, during case trials, because the defendant may indeed be suspected of infringement, he is often unable to protect his own interests for untenable reasons. We should bear the liability for infringement, but whether it is infringement and the amount of compensation are the focus of the debate. The author has encountered some cases where the plaintiff sued several cases at the same time, all using the same evidence. For such evidence, deficiencies will certainly be found, because different cases are different, and the applicable laws and cases will also be different.

Third, prepare evidence in your favor. Evidence that can affect the amount of the verdict to a certain extent. In trademark infringement cases, the amount of infringement compensation is closely related to the infringer's subjective intention, profit amount, and sales data. Pay attention to collecting the above evidence.

Four. Seek legal advice on intellectual property matters. It is more appropriate to recommend an agency with experience in intellectual property agency or intellectual property litigation.

When a person is sued for trademark infringement, if there is indeed an infringement, it is recommended to seek legal consultation on intellectual property rights, actively respond to the lawsuit, be prepared for compensation, understand the other party's demands, and prescribe the right medicine.