A Review of Trademark Infringement

Trademark infringement is the unauthorized use of a trademark or service mark that is likely to cause confusion, deception, or mistake about the source or origin of goods or services. Trademark law is a federal issue in the United States, and the Lanham Act is the federal statute that governs trademarks. The Lanham Act provides remedies for trademark owners who can prove that their marks are valid, owned, and infringed by another party.

To establish trademark infringement, the plaintiff must show that the defendant used the same or a similar mark in commerce without the plaintiff’s consent, and that such use created a likelihood of confusion among consumers. Likelihood of confusion is determined by various factors, such as the similarity of the marks, the relatedness of the goods or services, the marketing channels, the purchasing conditions, the evidence of actual confusion, the defendant’s intent, and the strength of the plaintiff’s mark.

The remedies for trademark infringement may include an injunction to stop the infringing use, monetary damages, profits, costs, and attorney’s fees. The plaintiff may also seek the destruction or forfeiture of infringing articles. In some cases, the defendant may raise defenses such as fair use, parody, nominative use, or invalidity of the plaintiff’s mark.

Trademark infringement is a serious issue that affects the innovation and competition in the tech industry. In recent years, several high-profile cases have been filed or decided involving major tech companies and their rivals over patents related to wireless technology, network security, power management, and vaccine production. These cases illustrate the importance of patent protection and enforcement for tech companies and their competitors.

If you need help regarding your intellectual property, your business, your products and services, or other related intellectual property or business matters, contact Ahmadshahi Law Offices today and get an initial consultation.

Michael M. Ahmadshahi concentrates his practice on patents, trademarks copyrights, trade secrets and other intellectual property and business law. Call us toll free at (800) 747-6081 or direct at (949) 556-8800 or email mahmadshahi@mmaiplaw.com and let us help you with your IP and business matters.

Michael Ahmadshahi

Mr. Ahmadshahi’s area of practice is Intellectual Property Laws including Patent Prosecution and Litigation, Trademarks, Copyrights, Unfair Business Practices, and Business Litigation. He is also an entrepreneur and an inventor.