Trademark Infringement

Infringement is an expensive and difficult claim to pursue in court. It is also more common to see infringement issues online or with overseas individuals. Furthermore, infringement claims include damages multipliers when the infringement is willful, which requires a showing that the infringing party was aware they were infringing. A strong factor in support of awareness is whether a cease and desist letter is sent to the infringing party.

Thus, the most common and most effective method of resolving trademark infringement is through a demand letter or cease and desist letter. This letter may be sent to an infringing party for known businesses or individuals, or it may be sent to online platforms to resolve overseas infringement. Since it would be too expensive to sue an overseas individual and seek extradition, ceasing their online operations is generally the most efficient approach. 

Another factor to consider before pursuing litigation is financial insolvency vs infringing sales. Infringement claims allow a plaintiff to pursue the profits of the infringing sales. This requires a plaintiff to proceed deep into the discovery phase of litigation to determine the exact nature of infringing sales and damages. If the defendant is insolvent or has not sold many infringing products, there will be very little for a plaintiff to collect. Again, this favors resolution out of court through demands and negotiations.