New York is consistently among the most active states in the country for trademark infringement litigation, reflecting the concentration and competitiveness of its business environment. If your brand operates in that environment and someone is copying it, you are not facing an unusual situation. You are facing a predictable risk that New York courts regularly see and are well-equipped to address. Knowing how to sue for trademark infringement in New York is more demanding than most business owners anticipate, and the decisions you make at each stage directly affect the outcome.
At Jones IP Law, we help New York business owners understand when they have a viable claim, what the process looks like, and how to pursue it effectively. If someone is trading on your brand, you have the right to act. Contact Jones IP Law today for a consultation.
What Constitutes Trademark Infringement
Trademark infringement is not about copying alone. It occurs when someone uses a mark in commerce in a way that is likely to cause confusion with your registered mark. A trademark infringement lawsuit is the legal mechanism that stops that conduct and entitles you to relief. To prove trademark infringement, a plaintiff must establish three elements:
- Ownership of a valid, legally protectable mark;
- Unauthorized use of that mark by the defendant in commerce after the plaintiff’s rights arose; and
- A likelihood that consumers will be confused as to the source, sponsorship, or affiliation of the goods or services involved.
Failure to establish any one of these elements is typically fatal to the claim.
In New York, infringement claims arise under two parallel frameworks. Federal claims are governed by the Lanham Act, which provides two primary causes of action:
- Section 32 applies to federally registered marks and grants the registered owner the right to sue for unauthorized use likely to cause confusion, and
- Section 43(a) applies to both registered and unregistered marks and is commonly asserted as a claim for false designation of origin or unfair competition.
Plaintiffs with registered marks almost always assert both. State claims arise under New York law, which prohibits any use of a mark likely to cause confusion with a registered New York mark.
Courts evaluate the third element, likelihood of confusion, under the Second Circuit’s Polaroid test, which weighs factors including the similarity of the marks in appearance, sound, and commercial impression; the relatedness of the goods or services; the strength of the plaintiff’s mark; and evidence of actual consumer confusion. No single factor is dispositive, and courts look at how the marks function in the real marketplace rather than in the abstract. Because applying this test correctly requires legal judgment at every step, it is one of the strongest reasons to retain counsel before filing.
Intent does not determine whether infringement occurred, but it matters significantly for what you can recover. A plaintiff does not need to prove that the defendant intended to infringe. Likelihood of confusion, not intent, is the governing standard. Intent becomes relevant at the remedies stage, where evidence of bad faith can support enhanced damages and attorney’s fees.
Before You File a Trademark Infringement Claim
Before initiating litigation, take these steps to assess and document your position.
- Confirm your rights. Verify that your mark is registered, active, and in good standing with the USPTO or the New York Department of State. A lapsed registration or a mark subject to a pending cancellation weakens your claim before it starts.
- Document the infringement. Collect and preserve screenshots of the infringing mark in use with dates and URLs, samples or photographs of infringing products, evidence of actual consumer confusion, and sales data showing revenue impact before the infringer has any notice of your claim. The stronger your evidentiary record at the outset, the less opportunity the infringer has to alter or destroy what you will need in court.
- Send a cease-and-desist letter. Before filing suit, a precisely drafted cease-and-desist letter puts the infringer on formal notice, creates a record of willfulness if they continue, and opens the door to resolution without litigation. Many disputes resolve at this stage without ever reaching a courtroom.
The steps you take before filing are often as consequential as the litigation itself; a well-prepared claim is harder to defend against and more likely to compel early resolution.
How to File a Trademark Infringement Claim
While every case will be unique, the following steps outline the general process for filing a trademark infringement claim.
Choose the Right Court
When suing for trademark infringement, the court you choose depends on your claim’s legal basis. Federal claims under the Lanham Act are filed in U.S. District Court, which has exclusive jurisdiction over federal trademark disputes. If you hold both a federal and a state registration, your attorney can bring both claims together in federal court under supplemental jurisdiction, or pursue state claims separately in New York Supreme Court.
File the Complaint
To file a trademark infringement claim, your attorney prepares and files a complaint setting out the factual and legal basis for your claims. A well-pleaded complaint includes:
- Identification of your mark, its registration details, and the goods or services it covers;
- A description of the infringing use and how it is likely to cause consumer confusion;
- The legal claims asserted include federal infringement, false designation of origin, or any applicable New York state claims; and
- The remedies you are seeking, including injunctive relief, an accounting of profits, compensatory damages, and attorney’s fees where applicable.
A complaint that is precisely pleaded from the outset frames every issue in your favor, limits the defenses available to the infringer, and preserves your right to seek emergency injunctive relief if the harm is ongoing.
Trademark Infringement Damages
If you prevail, trademark infringement damages under the Lanham Act include the infringer’s profits, your actual damages, treble damages for willful infringement, attorney’s fees in exceptional cases, and costs of the action. New York state law separately provides for damages and injunctive relief for state trademark infringement. Additionally, state law provides a dilution claim that does not require proof of consumer confusion, which can be valuable where the infringer is eroding your brand’s distinctiveness without directly competing.
Why You Need Counsel to Sue for Trademark Infringement
Knowing how to sue for trademark infringement in New York is one thing; executing it correctly is another. Trademark litigation is unforgiving; a misstep in pleading, evidence, or motion practice can end your case before it reaches a verdict.
Jones IP Law gives New York business owners the experienced representation to pursue infringers with precision. Our founding attorney brings over ten years of experience litigating trademark disputes across industries, including beauty, fashion, cannabis, urgent care, and consumer goods. Contact Jones IP Law to schedule a consultation. Your brand is worth defending.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Lanham Act, 15 U.S.C. § 1114, (2025).
- Infringement, N.Y. Gen. Bus. Law § 360-k (McKinney 2014).
- Remedies, N.Y. Gen. Bus. Law § 360-m (McKinney 2014).
- Injury to business reputation; dilution, N.Y. Gen. Bus. Law § 360-l (McKinney 2014).
- Polaroid Corp. v. Polarad Electronics Corp., 287 F.2d 492 (2d Cir. 1961).
- Recovery for violation of rights, 15 U.S.C. §1117 (2010).
- United States Patent and Trademark Office,(2026, June 30), About Trademark Infringement, uspto.gov.
