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Ask HN: What's the worst that can happen if you get sued over a trademark?

2 pointsby webmasterrajalmost 10 years ago
Let&#x27;s say you&#x27;re using a logo for your company that plays off a very popular one. For example, something like McDonald&#x27;s golden arches but 3 of them. Kind of a gray zone, but enough to probably get someone&#x27;s attention.<p>What&#x27;s the worst that can happen? A cease and desist letter? Can they actually sue you for money?

2 comments

JamesVIalmost 10 years ago
Yes, they can sue you for damages.<p>If they demonstrate that your use of their trademark caused brand confusion and they lost business as a result they can sue you for those lost earnings.<p>If they can demonstrate that a significant portion of your profits are due to inappropriate use of their trademark then they can sue for those profit.<p>They may also sue for punitive damages if they can prove that infringement was willful as opposed to accidental.<p>Google around for trademark infringement (<a href="http:&#x2F;&#x2F;apps.americanbar.org&#x2F;litigation&#x2F;committees&#x2F;intellectual&#x2F;articles&#x2F;spring2012-0412-willfulness-current-state-trademark-damages-law.html" rel="nofollow">http:&#x2F;&#x2F;apps.americanbar.org&#x2F;litigation&#x2F;committees&#x2F;intellectu...</a>)
natchalmost 10 years ago
What do you plan to do exactly?
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