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ARTICLE · 28 JULY 2023

What Is Trademark Infringement?

Trademark infringement is the unauthorized use of another's legally valid trademark.

United StatesIntellectual Property

Trademark law safeguards identifying features such as names, logo, slogans, packaging, etc., that brands use to differentiate their goods or services from those of others. However, not all trademarks are protected.

What Is Trademark Infringement?

Trademark infringement is the unauthorized use of another's legally valid trademark. To establish a trademark infringement claim, the plaintiff must demonstrate that (1) they own a valid and protectable trademark, and (2) there is a likelihood of confusion among consumers due to the alleged infringer's use of the trademark.

What Is A Valid Trademark?

A trademark can be any combination of words, symbols or designs that identify the source of goods or services. A valid trademark must be in use in commerce, meaning the owner uses it regularly in interstate commerce to identify their goods or services. Token use of a trademark, such as a single sale of goods, is insufficient. Additionally, a valid trademark must be disti

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