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Four Vital Factors That Would Invite Trademark Infringement Litigation

Referring to the U.S. Patent and Trademark Office (USPTO), “A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.”

Many companies posses trademarks that are easily discernible. These businesses have invested a great amount over the years on numerous branding campaigns to ensure that their trademarks are easily linked with whatever services or goods they supply or produce. After all that hard work and investment, many corporations are not too amused when they discover that their trademarks are being imitated and used to garner profit by others without remorse.

When a company learns that its trademark is being illegally used by others, it would generally contact its intellectual property attorneys or trademark infringement lawyers to identify the next course to take. The trademark infringement lawyers would initially send a trademark infringement notice to the accused. If that fails to stop the infringement then a trademark infringement litigation can be filed. If the trademark infringement litigation is successful, then the plaintiff could expect relief to be awarded in addition to the halting of infringement.

There are primarily four means to invite a trademark infringement litigation. First and foremost, a mark might be shamelessly infringed. This usually involves fabricated products which are printed and packed exactly like the originals.

Secondly, some perpetrators are slightly more creative and would probably make variations to the mark with the intention to confuse the public and maybe avert a trademark infringement litigation.

Some violators could end up diluting your mark by linking it with other items. For instance, Ferrari is related to speed. A cleaning service could come along and use the mark to indicate fast cleaning service.

Lastly, through no ill intent, a corporation may use a mark in such a way that it appears almost the same as the original. This could be due to poor research and normally affects domain names and tag lines. Though there was no malice involved does not mean their actions are not foul of the law. These offenders still risk a trademark infringement litigation.

There are several forms of intellectual property infringements other than trademark infringements. Some of the most common are copyright and patent infringements. So it would not be a shock to chance upon news on trademark infringement litigation and patent infringement notice everyday.

Intellectual property owners are advised to always engage specialist lawyers to handle specific cases. For instance, a copyright infringement attorney should be employed to handle copyright infringement cases.

Trademark Infringement Litigation


Trademark Infringement Litigation