Trademark Infringement

Definition

Trademark infringement refers to the unauthorized use of a trademark or a confusingly similar mark that causes consumer confusion or dilutes the distinctive quality of the original trademark. It is a violation of trademark rights protected under U.S. trademark law.

5 Must Know Facts For Your Next Test

1. Trademark infringement can occur when a party uses a mark that is identical or confusingly similar to an existing registered trademark, without the trademark owner's permission.
2. The key legal test for trademark infringement is the likelihood of consumer confusion, which considers factors such as the similarity of the marks, the relatedness of the goods/services, and the strength of the trademark.
3. Famous or distinctive trademarks can be protected against dilution, which can occur even in the absence of consumer confusion, by blurring the trademark's uniqueness or tarnishing its positive associations.
4. Contributory infringement holds a party liable for facilitating or inducing direct trademark infringement by another party, even if the contributory party did not directly infringe the trademark.
5. Remedies for trademark infringement can include injunctions, damages, and the seizure and destruction of infringing goods and materials.

Review Questions

• Explain how the legal concept of 'likelihood of confusion' is central to determining trademark infringement.
  • The 'likelihood of confusion' test is the primary legal standard used to evaluate whether trademark infringement has occurred. This test examines whether the allegedly infringing mark is likely to cause consumers to be confused about the source, sponsorship, or affiliation of the goods or services, compared to the original trademarked product. Factors considered include the similarity of the marks, the relatedness of the products or services, the strength of the trademark, and the degree of care exercised by consumers. If the court finds a likelihood of consumer confusion, then trademark infringement has been established, even if the infringer did not intend to deceive or mislead consumers.
• Describe how trademark dilution differs from traditional trademark infringement and the types of dilution that are legally recognized.
  • Trademark dilution is a distinct legal doctrine that provides protection for famous or highly distinctive trademarks, even in the absence of consumer confusion. Dilution can occur through 'blurring,' where the uniqueness of the trademark is weakened by its association with different products or services, or through 'tarnishment,' where the positive associations of the trademark are harmed. Unlike traditional infringement, dilution does not require a showing of consumer confusion, but rather focuses on protecting the trademark's distinctive quality and reputation. The two main types of dilution recognized under U.S. law are blurring and tarnishment, both of which can diminish the commercial value of a famous trademark without directly causing consumer confusion.
• Analyze how the concept of contributory trademark infringement expands liability beyond direct infringement, and discuss the policy rationale behind this doctrine.
  • The doctrine of contributory trademark infringement extends liability to parties who knowingly facilitate or induce direct trademark infringement by others, even if the contributory party did not directly use the infringing mark. This expands the scope of trademark protection beyond just the direct infringer. The policy rationale behind contributory infringement is to incentivize intermediaries and facilitators to police their own activities and take reasonable measures to prevent trademark infringement, rather than turning a blind eye. By holding contributory parties accountable, the law aims to more effectively combat the proliferation of counterfeit goods and other trademark-infringing products in the marketplace. This promotes consumer protection and preserves the value and goodwill associated with legitimate trademark owners' brands.

Related terms

Likelihood of Confusion:

The legal standard used to determine if trademark infringement has occurred, based on whether the allegedly infringing mark is likely to cause confusion among consumers about the source or origin of the goods or services.

Trademark Dilution:

The weakening or tarnishing of the distinctive quality of a famous trademark, either by blurring its uniqueness or by tarnishing its positive associations, even in the absence of consumer confusion.

Contributory Infringement:

A form of indirect trademark infringement where a party knowingly induces, causes or materially contributes to the infringing conduct of another.