Confusion is the hallmark of trademark infringement

| Jul 20, 2016 | Trademark Law

Watching television, reading magazines or just driving down the street, California residents are bombarded with the logos of fast food restaurants and retailers. Children begin to recognize these symbols from a young age. Therefore, if someone uses a substantially similar trademark, people could easily become confused. Trademark infringement not only affects consumers, but it affects the companies who have taken the time to build their reputations around their logos even more.

When a company discovers that another party’s logo is substantially similar, it may begin legal proceedings against the company that is allegedly infringing on its trademark. The first thing the court will want to see is evidence that the suing company owns the trademark in question. Thereafter, it will be necessary to show that the defendant’s use of a similar logo causes confusion.

If the court rules that the trademark was infringed upon, the company that filed the suit is entitled to several remedies. First and foremost, the defendant will most likely be ordered to stop using the mark and could also be ordered to destroy any materials that bear the mark. Monetary relief might also be awarded for any profits earned by the other company and/or lost by the plaintiff, along with attorneys’ fees.

If a California company believes that that another company is guilty of trademark infringement, it might be beneficial to contact an attorney regarding the matter. The appropriate evidence will need to be gathered to present to the court, including the necessary proof that the company registered its federal trademark on the Principal Register. It will also be necessary to determine the amount of damages caused by the other party’s use of a substantially similar mark. The proper preparation could help make any necessary litigation successful.

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