Trademark Infringement Lawyer in New Jersey
Trademark infringement in New Jersey involves the unauthorized use of a mark that is identical or confusingly similar to a registered trademark, governed by the Lanham Act and New Jersey common law. If you are facing a claim or need to enforce your rights, a Trademark Infringement lawyer New Jersey from Law Offices Of SRIS, P.C.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Trademark infringement is a serious matter that can threaten your business’s identity and market position. Under federal law (15 U.S.C. § 1114) and New Jersey’s common law of unfair competition, a trademark owner can seek to stop unauthorized use and recover damages. The key test is the “likelihood of confusion” among consumers. Defending against an infringement claim requires showing a valid defense, such as fair use, lack of confusion, or that the mark is generic. An experienced trademark infringement lawyer near me New Jersey is essential to handle these proceedings.
For official statutes, refer to the Lanham Act (15 U.S.C. § 1114) and the New Jersey Courts website for local procedural rules.
- Consult immediately with a trademark attorney to assess the cease-and-desist letter or complaint.
- Conduct a thorough investigation into the validity of the trademark and the alleged infringing use.
- Develop a legal strategy, which may involve negotiation, filing a declaratory judgment action, or preparing a defense.
- Engage in discovery, which may include depositions and document requests regarding consumer confusion.
- Pursue settlement or proceed to trial, where the court will weigh the multi-factor likelihood of confusion test.
In New Jersey, trademark infringement lawsuits can result in injunctions, monetary damages (including the defendant’s profits), and in exceptional cases, an award of attorney’s fees.
| Action | Legal Basis | Potential Remedies | Defenses |
|---|---|---|---|
| Infringement Claim | Lanham Act § 32 (15 U.S.C. § 1114) | Injunction, Damages, Defendant’s Profits, Costs | Fair Use, Descriptive Use, Laches, Genericness |
| Unfair Competition | Lanham Act § 43(a) (15 U.S.C. § 1125(a)) | Same as above | No consumer confusion, No commercial use |
| Cybersquatting | Anticybersquatting Consumer Protection Act (ACPA) | Forfeiture or cancellation of domain, Statutory damages | Bad faith not established |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With a combined attorney experience of over 120 years and a firm-wide record of 4,739+ case results, our team understands the high stakes of intellectual property disputes. Our “Advocacy Without Borders” approach means we are prepared to defend your business interests vigorously.
While specific local case results are not available for this topic, our firm-wide experience across all practice areas demonstrates our capacity to handle litigation. Mr. Sris leads our business and civil litigation team, applying strategic insight to protect our clients’ intellectual property.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Our New Jersey location serves clients across all 21 counties, including Bergen, Essex, and Monmouth. We represent clients in matters before the New Jersey Superior Court and federal district courts. For an affordable trademark infringement lawyer New Jersey who provides direct access to experienced counsel, contact us for a consultation.
Frequently Asked Questions
What is the most common defense to a trademark infringement claim?
Yes, fair use is a common defense. This includes using a mark descriptively (to describe a product’s quality) or nominatively (to refer to the trademark owner’s product for purposes of comparison or criticism).
How long does a trademark infringement lawsuit take in New Jersey?
It depends on the court’s docket and the issues in dispute. A case in New Jersey federal district court can take 12 to 24 months from filing through discovery, motions, and potential trial. Some cases settle much earlier.
Can I be sued for trademark infringement if my business is small?
Yes. The size of your business is not a legal defense. Any use of a confusingly similar mark in commerce that is likely to cause consumer confusion can lead to an infringement claim, regardless of company size.
What damages can I recover if someone infringes my trademark?
You may recover the infringer’s profits, any damages you sustained, and the costs of the action. In cases of willful infringement, the court may award treble damages and attorney’s fees. The court can also issue an injunction to stop the infringing activity.
Do I need a federal trademark registration to sue for infringement in New Jersey?
No. You can bring a claim under state common law for unfair competition based on your use of the mark in New Jersey commerce. However, a federal registration provides significant advantages, including nationwide rights and access to federal court.
For more information on related services, see our pages on New Jersey Business Law, Contract Lawyer in Bergen County, and Civil Litigation in Bergen County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney advertising. Prior results do not guarantee a similar outcome.