Trademarks · October 19, 2026
What Happens If Someone Uses Your Registered Trademark Without Permission in Irvine, CA?
Trademark infringement happens when someone uses your registered mark, or a close copy, in commerce without permission in a way likely to confuse customers, and the Lanham Act lets you seek an injunction, profits, damages, and in counterfeit cases statutory damages. Most disputes start with evidence and a demand letter. Learn about our trademark services and Irvine trademark representation.
What Counts as Trademark Infringement Under Federal Law?
Trademark infringement under federal law is the unauthorized use in commerce of a copy or close imitation of a registered mark on goods or services when that use is likely to cause confusion, mistake, or deception. This rule comes from Section 32 of the Lanham Act, codified at 15 U.S.C. 1114. The central question is not whether the names are identical, but whether ordinary buyers would likely believe the products come from the same source or are approved by you. A registration helps a great deal, because under 15 U.S.C. 1057(b) the certificate is prima facie evidence that the mark is valid and that you own it. Unregistered marks can also be protected under 15 U.S.C. 1125(a), but the owner must first prove its rights. Using a similar name for unrelated goods may not be infringement at all.
How Do Courts in California Decide Likelihood of Confusion?
Federal courts in California, which sit in the Ninth Circuit, decide likelihood of confusion by weighing the Sleekcraft factors from AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979). No single factor controls, and courts treat the list as a flexible guide rather than a checklist that must be scored. For example, evidence of real customers contacting the wrong company can carry weight, while a strong, distinctive mark usually receives broader protection than a descriptive one. The Ninth Circuit model jury instruction lists the factors in plain terms, and judges may consider other relevant facts as well. Because the analysis depends on the specific market, the same pair of names can be confusing in one industry and acceptable in another. The factors are:
- Strength or weakness of your mark
- The other party’s use of the mark and how related the goods are
- Similarity of the two marks in sight, sound, and meaning
- Evidence of actual confusion
- The other party’s intent in choosing the mark
- Marketing channels, buyer care, and likely product line expansion
What Should You Do First If Someone Uses Your Trademark in Irvine, CA?
If someone uses your trademark in Irvine, CA or anywhere in Orange County, the first step is to document the use carefully before contacting them, since evidence can disappear once the other party is alerted. Strong records help with a demand letter, a marketplace complaint, or a lawsuit. Many disputes then begin with a cease and desist letter, which the USPTO describes as a letter stating or suggesting that someone may be infringing and asking them to stop. A letter should be accurate and measured, since an overly aggressive demand can prompt the other side to file for a declaratory judgment. If the use appears on Amazon, Brand Registry enrollment requires an active registration or a pending application and gives brand owners reporting tools. Useful evidence includes:
- Screenshots and URLs with dates showing the other party’s use
- Purchased product samples, packaging, and receipts
- Emails, reviews, or calls showing customer confusion
- Your registration certificate and records of first use
- Records of sales and marketing spend under your mark
Can You Sue Someone for Using Your Trademark, and What Can You Recover?
Yes, you can sue for trademark infringement, usually in federal court, and a successful owner can obtain an injunction, the infringer’s profits, its own damages, and court costs under 15 U.S.C. 1116 and 1117. Since the Trademark Modernization Act of 2020, a plaintiff seeking an injunction receives a rebuttable presumption of irreparable harm once it shows infringement or a likelihood of success. Courts may increase damages up to three times actual damages, and attorney fees are available in exceptional cases. For intentional counterfeiting, the court generally must award three times profits or damages plus reasonable attorney fees. An owner may instead elect statutory damages of $1,000 to $200,000 per counterfeit mark per type of goods, or up to $2,000,000 if willful. Owners who skip the ® notice may lose profits and damages unless the infringer had actual notice.
Can You Go to Jail for Trademark Infringement?
Ordinary trademark infringement is a civil matter, but intentionally trafficking in counterfeit goods can be a federal crime under 18 U.S.C. 2320. For a first offense, an individual faces up to 10 years in prison, a fine of up to $2,000,000, or both, and a company faces a fine of up to $5,000,000. Repeat offenses carry up to 20 years for individuals and fines of up to $15,000,000 for companies. Criminal cases are brought by federal prosecutors, not by the trademark owner, although owners often provide evidence and cooperate with investigators. A counterfeit is generally a spurious mark that is identical to or substantially indistinguishable from a registered mark. Civil courts can also order ex parte seizure of counterfeit goods under 15 U.S.C. 1116(d) when the owner shows that evidence would likely be destroyed or hidden.
How Long Do You Have to Act on Trademark Infringement in California?
The Lanham Act has no fixed statute of limitations, but waiting too long can bar relief through the defense of laches, and the Ninth Circuit looks to California’s four-year period as a guide. In Pinkette Clothing, Inc. v. Cosmetic Warriors Ltd. (9th Cir. 2018), the court applied that analogous four-year period and found a strong presumption of laches when the owner waited longer. Delay can also weaken a request for an early injunction. If the other party has registered a confusing mark, you may petition the Trademark Trial and Appeal Board to cancel it, and a likelihood of confusion claim generally must be filed within five years of that registration under 15 U.S.C. 1064. You can also oppose a pending application within 30 days of publication. For timing basics, see how long trademark registration takes.
Where Can You Get Help With Trademark Infringement in Irvine, CA?
You can get help with trademark infringement from mjIP, an intellectual property law firm at 1 Park Plaza Suite 600 in Irvine that handles trademark registration and IP litigation for businesses in Orange County, San Diego, and the Bay Area. We can review your evidence, assess likelihood of confusion, prepare demand letters, and handle Trademark Trial and Appeal Board proceedings or federal court litigation when needed. Visit our Irvine trademark page, and if your registration is still in progress, read about the cost to trademark a business name. Fees are discussed at a free consultation. Call (949) 833-7125 or reach us through our contact page. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
Common Questions
Frequently Asked Questions About Trademark Infringement in Irvine, CA
Yes. If the use is likely to confuse customers, a trademark owner can file a federal lawsuit under the Lanham Act seeking an injunction, the infringer’s profits, damages, and costs. Registration strengthens the case because the certificate is evidence of ownership and validity. Many owners send a cease and desist letter first, since some disputes resolve without litigation.
Ordinary infringement is civil, so it does not lead to jail. Intentionally trafficking in counterfeit goods is different and can be prosecuted under 18 U.S.C. 2320, with up to 10 years in prison and fines of up to $2,000,000 for an individual’s first offense. Federal prosecutors, not trademark owners, bring those cases.
A typical letter identifies your mark and registration, describes the infringing use with dates and examples, explains why confusion is likely, and requests specific steps by a deadline. It should be accurate and measured. The USPTO notes that recipients may respond, negotiate, ignore the letter at some risk, or file a declaratory judgment action.
Recovery depends on the facts. Courts may award the infringer’s profits, your damages, and costs, and can increase damages up to three times actual damages. For counterfeits, statutory damages range from $1,000 to $200,000 per mark per type of goods, or up to $2,000,000 if willful, under 15 U.S.C. 1117(c).
A party that used the mark before your filing date may have prior common law rights in its area, which can limit your claim. Your federal filing date gives nationwide priority over later users once the mark registers. Reviewing who used the name first, and where, is an early step. See our trademark page.
No. The USPTO examines and registers marks, and its guidance describes infringement as something owners address through their own lawsuits, usually in federal court. Owners are responsible for monitoring the market. They can oppose or seek cancellation of conflicting registrations at the Trademark Trial and Appeal Board, and they enforce against infringing use through demand letters, marketplace programs, or federal court.