Lanham Act

The Lanham Act, passed by Congress in 1946, contains the federal statutes of trademark law. The Lanham Act gives trademark holders exclusive rights to both tangible and intellectual property, and prohibits false advertising, trademark infringements, and trademark dilutions.

There are some trademark laws in the state of Texas, but the Lanham Act extends the rights of trademark holders to a federal level. Under the Lanham Act, the Principal Register of a trademark maintains both state and federal rights to the mark and others are prohibited from copying or using the mark without express permission.

Fighting Infringement

When your trademark is infringed upon, economic damage can easily follow. The McAllen trademark infringement attorneys at Guerra & Moore have over 50 years of combined experience litigating these cases. We can help you restore your trademark and maintain the economic benefits it offers.

When your trademark is infringed upon, the Lanham Act provides a number options for seeking damages. Depending on the intent of the defendant and the profits made from your trademark, you could seek damages including:

1. Loss of reputation
2. Loss of profits
3. Court and legal costs
4. The cost of corrective advertising

In many of these cases, you may be entitled to the defendant’s profits, up to three times the amount of the actual damages. Damages are measured by "provable" loss due to the trademark infringement. When loss cannot be proven, the court may only award you damages based on the defendant’s actual profits. Having the attorneys at Guerra & Moore on your side can help you get the full compensation you are due.

Your Trademark Advocates

Trademark law is highly complex. You need an attorney on your side who is experienced in both federal and state laws regarding trademark infringement. In many cases, these laws can be used in conjunction to maximize your award from the court. The attorneys at Guerra & Moore are intimately familiar with both federal and Texas state trademark laws. With our knowledge and expertise, we can help you recover from any injuries you and your business have sustained due to trademark infringement.

If you are a trademark owner anywhere throughout the Rio Grande Valley and have suffered damages from trademark infringement, please contact the Lanham Act attorneys at Guerra Moore Attorneys at Law to schedule a free initial consultation today.