Legal Definitions - Trademark infringement

Trademark infringement is when someone uses a trademark without permission from the owner in a way that causes confusion for consumers about the source of goods or services. A trademark is a symbol, word, or phrase that identifies and distinguishes a company's products or services from those of others.

To prove trademark infringement, the owner must show that they have a valid and legally protected mark, that they own the mark, and that the defendant's use of the mark causes a likelihood of confusion. This means that the defendant's use of the mark must be in commerce, and it must be likely to cause confusion among consumers about the source of the goods or services.

For example, if a company uses a logo that is very similar to another company's logo, and they sell similar products, this could be considered trademark infringement. Another example is if a company uses a trademarked name in their advertising without permission, this could also be considered infringement.

If someone is found guilty of trademark infringement, the owner of the trademark can seek remedies such as an injunction to stop the infringing use, an accounting of profits, damages, and attorney's fees. However, there are some defenses to trademark infringement, such as fair use and collateral use.

It's important to note that not all uses of a trademark are considered infringement. For example, if someone uses a trademarked name in a way that is not likely to cause confusion, such as in a news article or for commentary or criticism, this may be considered fair use and not infringement.