Today we’re continuing our conversation about trademarks, in particular, about infringement. Artists are continually battling the big dogs, just as much as the big dogs are battling each other. Often times, the more successful you become, the greater the likelihood of an infringement case. Follow along and if you have any questions, don’t hesitate to reach out! – SK

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In the U.S., trademark infringement occurs when a party uses a trademark in a manner that creates a likelihood of confusion with another’s trademark.  Actual confusion among consumers is not necessary, but it may be considered as evidence of infringement.  A court may also consider a number of additional factors as part of a trademark infringement claim, including among other things, the strength of the mark, proximity of the goods, similarity of the marks, marketing channels used, type of goods and the degree of care likely to be exercised by the purchaser, defendant’s intent in selecting the mark, and likelihood of expansion of the product lines.  These factors may also be helpful to consider when selecting a trademark in order to avoid infringing upon the rights of third parties.

Coverage by: David Sherman

Have a question?  Contact David at david.sherman [at] kattenlaw [dot] com