Legal Remedies for Trademark Infringement

Protecting Your Brand Starts with Understanding the Law

Running a business in New York is demanding. When someone misuses your name, logo, or product design, it adds a layer of stress you didn’t ask for. Trademark infringement can hit hard, confusing customers, draining revenue, and threatening your reputation. You’ve worked too long to let someone else profit off your brand.

At Horn Wright, LLP, our attorneys help New York business owners stop trademark abuse in its tracks. Whether you’re a startup in Syracuse or a long-time brand in the Bronx, we’re here to enforce your rights. We’ll walk with you from early signs of infringement to full legal resolution, so you can focus on what you’ve built.

Understand What Trademark Infringement Means in New York

Trademark infringement happens when someone uses a mark, like a name, symbol, or design, too similar to yours without permission. If that use causes confusion about who owns the brand, it crosses the legal line.

In New York State, both federal law under the Lanham Act and state law (New York General Business Law §360) protect trademarks. While federal protections apply nationally, New York also enforces its own brand protections through civil actions.

Here’s how this looks locally:

• A bakery in Buffalo finds another café in Rochester using its logo on cupcakes.
• A tech startup in Albany notices a domain name very close to their app’s trademarked title.

In both cases, the original business may have a right to stop the infringer if confusion is likely. New York courts consider several factors, including how the public sees the marks and whether the two parties operate in the same market.

You don’t need to prove intent. You need to show that their use creates confusion or weakens your brand’s identity.

Identify the Signs of Possible Infringement

Infringement isn’t always loud. Sometimes it shows up subtly, a logo tweak, a similar-sounding product name, or a new website with matching colors and tone. The earlier you spot it, the easier it is to stop.

Some signs to look for:

• A drop in traffic to your site, especially if customers mention a similar brand
• Confused social media mentions tagging the wrong account
• Competitors using a near-match version of your business name
• Products sold online with packaging that mimics yours

In New York’s fast-paced market, imitation spreads fast. A clothing shop in SoHo might find its brand echoed at pop-up booths in Queens within weeks. Staying alert helps you act before the damage grows.

If you suspect infringement, start saving what you see.

Gather Evidence Before You Act

You don’t need a lawsuit to start protecting your mark. But you do need records. Documentation can help avoid long legal delays or lost arguments in court.

What to collect:

• Screenshots of websites, ads, or posts that misuse your mark
• Physical samples of the infringing product, if available
• A timeline showing when you noticed the misuse
• Proof of when your mark was first used commercially

These materials form the foundation of your case. When you work with a New York trademark attorney, this evidence gives them the leverage they need to take fast action.

You’ll also want to confirm your trademark’s registration through the USPTO or the New York Department of State to show it’s active and enforceable.

Send a Cease and Desist Letter First

Often, a cease and desist letter is the most effective starting point. It puts the other party on notice and offers them a chance to stop voluntarily.

This letter spells out:

• Your trademark rights
• How the other party is violating them
• A demand to immediately stop use
• A deadline to respond

In New York, many disputes resolve at this stage. Businesses in overlapping regions often want to avoid costly legal battles. A Brooklyn-based skincare brand might find another label in Schenectady using its slogan. Once alerted, the second company may back off to avoid escalation.

Tone matters. It’s about asserting your rights and showing professionalism and legal clarity. That’s where a trademark attorney with experience in New York can help.

File a Trademark Infringement Lawsuit in New York

If the letter fails or the infringing party refuses to comply, legal action may be your next step.

You can file a claim in New York State courts or in federal court. Federal cases in New York are often filed in the Southern District (serving Manhattan and nearby areas) or the Eastern District (covering Brooklyn, Queens, and Long Island).

To succeed, you must prove:

• You own a valid trademark
• The other party used a similar mark in commerce
• Their use likely causes confusion

Local courts weigh factors such as intent, consumer perception, and market overlap. They don’t rely on visual similarity alone.

Filing suit is about stopping ongoing misuse and setting future boundaries.

Explore Available Legal Remedies Under New York and Federal Law

If your case succeeds, the court can award several types of relief to repair the damage.

Legal remedies may include:

• Injunctive relief: A court order to stop the other party from using your mark
• Monetary damages: Includes your lost revenue and their profits from infringement
• Attorney’s fees: In willful infringement cases, courts may require the other side to pay your legal costs
• Destruction of infringing goods: Courts may order counterfeit or infringing materials destroyed or removed from market

Courts in New York take brand integrity seriously, particularly in commercial hubs like Manhattan’s financial district. They often consider willfulness and repeat behavior when deciding how far the remedies should go.

Consider Alternative Dispute Resolution Options

Not all cases need a courtroom. New York supports structured alternatives that can settle disputes faster and at a lower cost.

Options include:

• Mediation: Both parties work with a neutral third party to reach agreement
• Arbitration: A private, binding decision is made outside the public court system

The New York State Unified Court System offers Alternative Dispute Resolution programs in many counties. These can benefit small business owners in Yonkers, Buffalo, or Syracuse who want to resolve trademark conflicts efficiently.

If your priority is getting the issue resolved without a drawn-out legal battle, these options may be a strong fit.

Protect Your Trademark Going Forward

After dealing with infringement, your next focus should be keeping your brand safe.

Ongoing protection steps:

• Renew your trademark with the USPTO on time
• Watch for new registrations that resemble your mark
• Monitor online marketplaces and social media for copycats
• Work with legal professionals to respond quickly when issues arise

Business owners in New York face an especially crowded market. In high-visibility areas like Union Square or Times Square, visual branding plays a big role in customer recognition.

Know When to Report to Authorities

Some misuse crosses into criminal behavior.

If you spot large-scale counterfeiting, product safety violations, or consumer fraud, you may need to report it.

You can file complaints with the New York State Attorney General’s Office or with U.S. Customs and Border Protection if imported goods are involved. Authorities take action when counterfeit or mislabeled products pose real risks, especially in industries like beauty, tech, or medicine.

Businesses based in Queens warehouses or operating through port cities like Albany should stay particularly alert, as counterfeit goods often move through these channels.

Protect What You've Built with Help from Horn Wright, LLP

At Horn Wright, LLP, we help New York business owners stop trademark misuse and keep their brands strong. Whether you need to respond to an infringement, explore legal options, or build a long-term protection plan, we’re ready to help. 

Our attorneys understand both federal trademark law and how it plays out here in New York. Contact us today to speak with a team that’s committed to protecting your brand’s future.