What happens when someone infringes a trademark?
When trademark infringement is suspected, a trademark owner (plaintiff) brings a lawsuit against the suspected infringing user, or defendant. Lawsuits may require the defendant to stop using the trademark in question and it may also award damages for the wrongful use of the trademark.
What are the factors in a trademark case?
These are sometimes called the Polaroid factors because they come from a 1961 case in which the Polaroid Corp. defended its trademark. The Polaroid factors include the following: How distinctive the senior user’s mark is. The level of similarity between the trademarks in question.
How to recover attorney fees for trademark infringement?
15 U.S. Code § 1117 is the statute which discusses recovery for violating a trademark. Under 15 U.S. Code § 1117 (a), the statute deals with the recovery of attorney fees. The statute reads, “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” In Octane Fitness, LLC v.
How is collateral use used in trademark infringement?
Collateral use is when someone uses a trademarked item as part of a bigger project/product. The doctrine of collateral allows the defendant to use the trademark without fear of infringement, provided he or she does not deceive consumers into thinking the product is marketed by the original trademark owner.
What are the consequences for trademark infring?
Trademark infringement can result in the following legal consequences: Monetary reimbursement for losses to the plaintiff; An injunction requiring the defendant to stop producing/using/distributing goods with the trademark; Seizure of goods that use or incorporate the unauthorized trademark
How do I sue someone for trademark infringement?
- filing a lawsuit is typically not the most sensible first step.
- then you may decide that you have little choice but to sue.
- Using a Trademark Actively.
What constitutes trademark use for infringement?
To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods.
What are the different types of trademark infringement?
Other varieties of trademark infringement include: False Claim of a Trademark registration. Selling merchandise and services with unauthorized emblems. Applying for false trademark on the process, packaging or producing of merchandise and services.