What is Trademark Infringement?

Registered trademarks are protected by law, so it is important to understand what is considered trademark infringement to avoid the serious consequences to your brand reputation and company revenue that can occur if it happens.

A trademark helps consumers identify goods and services as yours. It can be a word, phrase, symbol, design, or any combination.

Trademark infringement occurs when someone else uses a trademark that is identical or similar enough to an existing trademark that it is likely to cause confusion among consumers and/or to dilute the value of the original trademark.

Examples of Trademark Infringement

Here are some examples of trademark infringement.

Using a Similar Mark

A company uses a trademark similar to an existing trademark — such as using a similar logo, name, or design — which may cause confusion among consumers or cause them to think that the two companies are somehow related.

Using a Registered Trademark

A company uses an actual registered trademark without permission from the owner of the trademark. This would be like using the Nike "swoosh" symbol on a product not associated with Nike. This can harm the reputation or image of the original trademark.

Selling Counterfeit Goods

A company produces and sells goods that are identical or very similar to those produced by another company, using the original company's trademark without permission. This would be like a company making and selling fake Rolex watches.

Domain Name Infringement

A company registers a domain name similar to an existing trademark, which may confuse consumers searching for the original trademark owner's website.

Cybersquatting

Cybersquatting occurs when a third party registers a domain name that is identical or similar to an existing trademark with the intention of profiting from the trademark owner's reputation or brand.

Social Media Infringement

A company uses an existing trademark in social media posts, hashtags, or advertisements without permission from the trademark owner.

Parallel Imports

Parallel imports are genuine goods imported from a foreign country and sold in another country without the trademark owner's permission. While parallel imports are generally not considered trademark infringement, there are some exceptions, such as when the trademark owner has legitimate reasons to restrict the importation of their goods.

Legalities of Trademark Infringement

Monitoring your trademarks and enforcing your rights is essential to prevent others from infringing on them. This can involve monitoring social media, online marketplaces, and other channels for potential infringement and taking appropriate legal action when necessary.

If a company is found to have infringed on another company's trademark, it can be sued for damages and may be required to stop using the infringing mark.

However, the burden of proof is on the trademark owner. You have to prove that the alleged infringing mark will likely confuse consumers.

Trademark infringement can be difficult to prove, especially if the marks are not identical.

This is where the assistance of an experienced trademark attorney is helpful.

An attorney can help enforce your trademark rights in any or all of the following ways as appropriate:

• Sending cease and desist letters
• Preparing and filing legal documents
• Filing an official lawsuit
• Negotiating with the opposing party
• Representing you in court
• Seeking an injunction to prevent further infringement

If you need legal assistance for a trademark infringement issue, we invite you to get a free consultation with the Trademark Law legal team at Whitcomb Selinsky, PC. Call (866) 433-4116 or click here to use our convenient online form to tell us how we can help.