Legal & IP
Definition
Trademark infringement occurs when someone uses a mark in commerce in a way that is likely to confuse consumers about the source, sponsorship, or affiliation of goods or services.
Trademark infringement is assessed primarily through likelihood of confusion. Courts consider factors such as similarity of the marks, relatedness of the goods or services, strength of the senior mark, evidence of actual confusion, marketing channels, purchaser sophistication, and the alleged infringer's intent. Infringement can involve identical marks, confusingly similar names, logos, slogans, domain names, packaging, or trade dress. Remedies may include injunctions, damages, disgorgement of profits, attorney fees in exceptional cases, and destruction of infringing materials.
Trademark disputes can force a costly rebrand, block product launches, or expose a business to damages after it has invested in a brand. Before adopting a name, logo, or product line, an IP attorney can search for conflicts, assess infringement risk, and design a registration and enforcement strategy.