A Houston federal judge recently ordered three defendants to pay over $1.5 million for trademark infringement. This case serves as a reminder of how crucial intellectual property rights are for businesses. The ruling also poses as a cautionary tale of the expensive consequences of willful trademark infringement.
Overview of the Lewis Brisbois Case
The conflict began in January 2022. Michael Bitgood, who is not a licensed attorney, filed a lawsuit against an apartment complex over alleged improper rental charges. Susan C. Norman, a licensed lawyer, represented a co-plaintiff. The apartment complex hired Lewis Brisbois Bisgaard & Smith LLP for legal representation.
Bitgood and Norman noticed that Lewis Brisbois’ registration had lapsed. They then registered a domestic limited liability partnership using the firm’s name. They also filed an “assumed name certificate” with the Texas Secretary of State’s office, claiming Lewis Brisbois was an “imposter.” This led to significant legal consequences.
The Ruling
U.S. District Judge Keith P. Ellison ruled that Bitgood and his co-defendants willfully infringed on Lewis Brisbois’ trademark under the Lanham Act. This act protects trademarks and prevents unfair competition. The judge imposed $1 million in damages on Bitgood, $500,000 on Norman, and $10,000 on Beers.
Judge Ellison criticized the defendants for filing frivolous motions that delayed the legal process. He noted that their behavior abused the court’s electronic filing system, which added to the complexity of the case.
The Importance of Intellectual Property Services
This case underscores why intellectual property services are essential for businesses. Here’s how Thrive IP® can help:
- Prevent Infringement: We conduct thorough trademark searches to identify potential conflicts before they escalate.
- Protect Your Rights: Our team guides you through the trademark registration process to ensure your brand is protected.
- Mediation Services: We offer mediation services to resolve disputes amicably. Mediation can be a cost-effective way to settle conflicts without the need for lengthy litigation.
- Litigation Support: If you face a trademark dispute, our experienced attorneys navigate the complexities of litigation to defend your rights.
- Advisory Services: We offer ongoing advice to help you maintain compliance and effectively manage your intellectual property portfolio.
Frequently Asked Questions About Trademark Protection
- What constitutes trademark infringement? Trademark infringement occurs when someone uses a trademark similar to a registered trademark, causing potential consumer confusion.
- How can I protect my trademark? You can protect your trademark by registering it with the U.S. Patent and Trademark Office (USPTO). Consulting with our attorneys ensures a smooth application process.
- What are the potential penalties for trademark infringement? Penalties may include statutory damages, actual damages, and sometimes punitive damages if the infringement is willful.
- Should I hire a patent attorney for trademark issues? Yes, hiring a patent attorney who specializes in intellectual property can help you protect your rights effectively.
Why Hire Thrive IP® for Your Trademark Needs?
The Lewis Brisbois case highlights the need for robust trademark protection. At Thrive IP®, we specialize in safeguarding your brand identity and providing mediation services to resolve disputes. Our experienced attorneys can help you navigate the complexities of intellectual property law.
Don’t leave your brand unprotected. Contact Thrive IP® today and take the first step in securing your intellectual property rights.