What Constitutes Trademark Infringement?

One of the greatest advantages to owning the rights to a particular trademark is that you can file a lawsuit for trademark infringement. All trademark infringement lawsuits ask one central question—what is the likelihood that consumers of the relevant goods will be confused?

More specifically, the use of a trademark in connection with the sale of a good amounts to infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods.

In deciding if consumers are likely to be confused, courts will typically examine a number of factors, including (but not limited to):

  • The strength of the mark
  • The proximity of the goods
  • The similarity of the marks
  • Evidence of actual confusion
  • The similarity of marketing channels used
  • The degree of caution exercised by the typical purchaser
  • The defendant’s intent

Of course, the weight of each of these factors will vary according to the circumstances of the case. In most cases, the primary consideration is the perception of the consumer.

How I Can Help

Of course, this is only a broad overview of trademark infringement, the legal intricacies of trademark infringement vary from case to case. However,if you believe your trademark has been infringed, or know someone that can use my help, please contact me for a free 30 minute consultation at nvantreeck@usip.com or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.  Connect with me on Google +.

– Ex astris, scientia –

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