Trademark Litigation Law and Legal Definition

In a trademark conflict to institute a lawsuit, there should be a legal cause of action such as infringement or dilution. Trademark litigation often occurs on a very fast schedule because the plaintiff usually requests the court to grant a temporary injunction to stop the alleged trademark infringer from using the mark until the whole dispute can be resolved through a longer process. If a court grants the injunction, the defendant typically settles quickly and changes marks because the incentive for litigating a mark that cannot be used is prohibitive since goodwill will have to be generated under a new name. Trademark litigation process is the process of taking a case through court, which is similar as in civil lawsuits.