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Trademark Infringement

Trademark infringement is known as the violation of exclusive rights that are held by a trademark, without any permission from the owner of the trademark or any licensee. Trademark infringement rights depend on the trademark laws of the state or region in question-what might be considered a trademark infringement in one region may not be in considered a trademark infringement in another.

Generally, the factors used to determine trademark infringement are:
1. The similarity of the marks;
2. The similarity of the marketing methods;
3. The similarity of the channels of distribution for their goods or services;
4. The level of sophistication of the prospective purchasers for the respective parties’ goods or services, and the degree of care used in purchasing such goods or services;
5. The strength of the registered trademark;
6. When the second mark is used with different goods or services than those associated with the registered trademark, the likelihood that consumers would expect the holder of the registered trademark would expand into the field of the second mark;
7. Any overlap between the geographic markets of the owners of the two marks, and whether the first registered trademark is known in the geographic area of the second mark;
8. The intent of the alleged trademark infringer;
9. The actual confusion between the two trademarks;

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