The penalties for trademark infringement can vary depending on the specific circumstances of the case and the laws of the jurisdiction in which the case is being heard. Let’s first start with understanding what trademark infringement is: The Lanham Act defines trademark infringement as the unauthorized use of a trademark that is likely to cause confusion […]

The defenses to trademark infringement are arguments that can be raised by the alleged infringer to defend against a claim of trademark infringement. Some of the common defenses to trademark infringement are: These are just a few of the defenses to trademark infringement that may be raised in a case. The specific defenses available will depend […]

Trademark infringement is a violation of the exclusive right granted to a trademark owner to use their trademark in commerce. To establish trademark infringement, the following elements must be shown: (1) that the plaintiff owns a valid trademark; (2) that the defendant is using a trademark that is identical or substantially similar to the plaintiff’s trademark; […]

Trademark infringement is the unauthorized use of a trademark that is identical or substantially similar to a registered trademark, in a manner that is likely to cause confusion or deceive consumers as to the origin of goods or services. This can occur when a party uses a trademark that is identical or similar to another party’s […]

Trademark cybersquatting is the act of registering, trafficking in, or using a domain name that is identical or similar to a distinctive trademark or service mark of another party, with the intent to profit from the goodwill of the trademark owner, or with the intent to mislead consumers as to the source of the goods or […]

The range of remedies for trademark infringement, trademark dilution, and false advertising under the Lanham Act include These are the main remedies available under the Lanham Act for trademark infringement, trademark dilution, and false advertising. The specific remedy or remedies that are available in a given case will depend on the specific circumstances of the case […]

A trademark cease and desist letter is a legal demand letter sent to an person or business that is using a trademark or trade name in a manner that is likely to cause confusion or trademark dilution with the rights of the trademark owner. The letter typically requests that the recipient stop using the infringing mark […]