Defend Your Brand with an Orlando Trademark Infringement Attorney
Trademark infringement happens when another business uses a mark confusingly similar to yours—or accuses you of doing the same. As an Orlando, Florida trademark infringement attorney serving clients nationwide, Keough Law enforces your brand and defendsyou when you're the one accused.
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It comes down to confusion
Trademark law protects the connection between your brand and the goods or services it stands for. Infringement occurs when someone else's use of a similar mark creates a likelihood of confusion— when customers might think their product is yours, or that you've endorsed it.
You don't need an identical name or proof of bad intent. Courts weigh how similar the marks and products are, how strong your mark is, and whether real confusion has occurred. The same test decides whether a claim against you has any teeth.
- Confusingly similar names or logos
- Copycat packaging or trade dress
- Counterfeit or knockoff goods
- Competitor keyword & domain abuse
- False endorsement or affiliation
Enforcing your mark—or defending yours
Whether a copycat is trading on your brand or a competitor is trying to bully you off a name you have every right to use, the winning move is a measured, well-founded response—not an overreaction that hands the other side leverage.
We've worked both sides of these disputes, which is exactly what lets us judge how strong a claim really is and where it's likely to land.
Enforcement
- Cease-and-desist demand
- TTAB opposition or cancellation
- Federal infringement suit
- Injunction, profits & damages
Defense
- Evaluate the claim’s real strength
- Raise defenses & prior rights
- Negotiate coexistence or exit
- Litigate when the demand overreaches
A relentless advocate for your brand
We've won a Trademark Trial and Appeal Board (TTAB) opposition that got a conflicting application refused in our client's favor, and secured a no-liability verdict for a client sued for infringement. Whether you're enforcing your mark or defending one, you get the same focused advocacy.
“Shaun took over my company's trademark matter after another attorney botched it. He communicated clearly, moved fast, and got it resolved. I would not hesitate to use him again.”
Sarv Kannapiran
Trademark Matter
From demand letter to verdict
Cease-and-Desist Letters
A firm, well-founded demand that stops an infringer—often resolving the matter before any lawsuit.
TTAB Oppositions & Cancellations
Blocking or canceling conflicting applications and registrations before the Trademark Trial and Appeal Board.
Federal Infringement Litigation
Suing for infringement, false designation, and unfair competition under the Lanham Act—injunctions and damages.
Infringement Defense
Accused of infringing a mark or hit with a cease-and-desist? We assess the claim and protect you from overreach.
Scoped to the outcome you need
A first step like a cease-and-desist letter or a claim evaluation is often handled on a predictable flat or capped fee. Contested TTAB proceedings and federal litigation are billed hourly and scoped to your goals, with the possibility of recovering fees in exceptional cases.
We'll give you a candid read on the strength of your position—and the cost—in your free consultation.
Registration through litigation
You work directly with Shaun Keough, who handles trademarks end to end—from registration and flat-fee filing through TTAB and the courtroom. It's part of our broader intellectual property practice, so your brand is protected alongside your other IP.
Trademark infringement questions
What counts as trademark infringement?
Infringement turns on a “likelihood of confusion”—whether consumers are likely to be confused about the source of goods or services. Courts weigh factors like how similar the marks are, how related the products are, the strength of the senior mark, and evidence of actual confusion. You don’t need identical names or bad intent for infringement to exist.
Do I have to have a registered trademark to enforce my rights?
Not always. Common-law rights arise from actually using a mark in commerce, and can support certain claims in your geographic area. But a federal registration is far stronger: it provides nationwide rights, a legal presumption of validity and ownership, and access to remedies that make enforcement worthwhile. Registration dramatically improves your position.
Someone is using my brand name. What should I do first?
Don’t send an angry message yourself—it can hurt your case. Document the use (screenshots, dates, products), confirm your priority of rights, and talk to an attorney about the strongest, most proportionate response. Often a properly drafted cease-and-desist letter resolves it; if not, TTAB proceedings or a federal suit may be warranted.
I received a cease-and-desist letter. Am I in trouble?
Not necessarily. Many cease-and-desist letters overstate the sender’s rights or the strength of their claim. Before you stop using your mark, rebrand, or respond, have the claim evaluated—there may be strong defenses, or a negotiated resolution that lets you keep operating. Ignoring it, though, is risky; get advice quickly.
What can I recover in a trademark infringement case?
Remedies can include an injunction stopping the infringing use, the infringer’s profits, your damages, and destruction of infringing goods. In exceptional cases—willful infringement or counterfeiting—enhanced damages and attorney’s fees may be available. We scope the claim to the remedies that matter most to your business.
Do you handle trademark matters outside Florida?
Yes. Trademark rights are governed by federal law and the USPTO, so we enforce and defend marks for clients nationwide. For Florida-specific business disputes tied to a brand fight, Shaun Keough is also licensed in Florida and Massachusetts.
Ready to protect
what you've built?
Schedule a free, confidential consultation. We'll talk through your situation and figure out the right next step together.