Go to navigation Go to content
Toll-Free: 800. 976. 4904

Phone: 718. 979. 8688

Blog Category:
6/25/2010
Charles N. Internicola
Comments (0)

The Crime of Service Mark Infringement

Creating and gaining the rights to a service mark can be a long and complicated process. After this process, nothing is worse than to have another company steal that mark and attempt to use it as their own. This is known as service mark infringement. Luckily, if someone is infringing on your service mark, there is legal action available. 

Penalties for Service Mark Infringement

For such unfair business practices as service mark infringement, a variety of penalties are available. These penalties include:  

  • Payment of all profits made;
  • Compensation for all damage lost by the original service mark holder;
  • Costs of legal action;
  • Possibly the attorney fees; and
  • Injunctive relief.  


Injunctive relief is a court order declaring that he who has infringed must cease infringing. Basically, the company guilty of service mark infringement must immediately find a new, unique service mark.



Category: Franchisor Services



Franchise Lawyer
Book on franchising a business

IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. Further you acknowledge that any and all citations to cases and statutes must be independently verified by competent legal counsel to confirm the validity and accuracy of such information. The content of this site is subject to the Copyright of its author and owner, Charles N. Internicola, Esq.

Click here to view our privacy policy


There are no comments.

Post a comment

Post a Comment to "The Crime of Service Mark Infringement"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Website:

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]

Practice Areas