Trademark infringement occurs when a logo or brand symbol is reproduced or used without permission. These violations are serious, and often occur with other deceptive trade practices. Violations can result in the following legal consequences.
1. Restitution to plaintiffs
2. An injunction forcing the defendant to stop using the trademark
3. Seizure of counterfeit goods
Cases Involving Similar Trademarks
Some trademark infringement cases involve the usage of a trademark that closely resembles a registered one. Here, the main element of proof is whether there’s a chance of confusion -; that a buyer would believe that the fake products were made by the original trademark owner. The below factors can also be used to determine trademark infringement.
1. The similarity of the goods in question
2. The visibility and strength of the trademark
3. Similarity in the appearance of the trademarks
4. Distribution and marketing channels
5. A defendant’s intent when choosing the mark
6. Evidence of customer confusion
For instance, if a fake item is sold over the same channels as the original, courts are likely to conclude that trademark infringement has happened. Your trademark lawyer can give you case specific advice.
Trademark Dilution
Trademark dilution and trademark infringement are very similar violations. In a dilution, the mark is used in a manner that lessens the unique identity of an original mark. For example, if a vegetable oil is sold under the name “Tylenol”, it will alter public perception of the original Tylenol brand. It is difficult to prove trademark dilution, and cases usually involve trademarks that are commonly used or very famous.
Do I Need to Hire a Lawyer for Issues Involving Trademark Infringement?
There are many forms of trademark infringement, and cases can involve multiple factors of proof. If you have any questions or concerns about trademark infringement, you may want to call a lawyer for legal advice. You may want to contact a lawyer if you’re selling a product that may raise infringement questions. Edward L White PC Attorney At Law can help you make sure that your product isn’t infringing upon other products, and he or she can also help you protect your own products.
