Trademarks and False Advertising (Lanham Act)

State and Federal (Lanham Act) Trademark Litigation

Attorneys at Magleby & Greenwood, P.C., have successfully protected clients' intellectual property rights in litigation involving trademark infringement and similar claims governed by the Lanham Act and Utah trademark law. The lawyers frequently appear at injunction hearings before Utah judges, obtaining emergency injunctive relief for clients. They are skilled litigators, adept at analyzing and effectively articulating the subtle points that determine the strength of the marks at issue, similarities between trademarks or trade dress, and potential confusion as to source or origin. The firm welcomes referrals. For more information, or to make arrangements to speak with an attorney please contact the firm's Salt Lake City, Utah, law office.

Magleby & Greenwood, P.C., is prepared to handle a wide variety of trademark litigation cases, including those involving:

• Claims of trademark infringement address the likelihood of consumer confusion as to the source of goods, and often involve an examination of the relevant marks, proximity of goods or services, marketing channels, and the degree of caution exercised by the typical consumer of the product
• Trade dress, a highly subjective area involving the total image and overall appearance of a product or service, including non-functional elements such as shape, color, packaging of a product, decorating scheme of a place of business, and overall marketing schemes that denote the source of the products
• Unfair competition, an ambiguous term referring generally to honesty and fair dealing in business; under the Lanham Act, the term encompasses claims of trademark infringement where there is no federally registered trademark
• Theft of trade secrets by employees or former employees, industrial espionage, and loss of good will
• Trademark dilution, a claim that the use of a mark by a party causes dilution of a famous mark through blurring or tarnishment
• False advertising, involving misrepresentations about the product’s characteristics, qualities, capabilities, ingredients or source; not to be confused with fair comparative advertising