Trademark Infringement

Trademark infringement occurs when another's use of a trademark is likely to cause consumer confusion about the source, affiliation, or sponsorship of goods or services. A competitor, using a "confusingly similar mark" with similar or related goods may cause consumers to buy their goods or services when they actually meant to buy from the trademark owner.

Trademark registration provides for exclusive use of the trademark nationwide in connection with the goods or services indicated. Anyone infringing a registered trademark can be legally stopped and can be liable to the trademark owner for money damages.

Non-Infringing Use

There are certain circumstances when a third party can use a trademark without permission and without infringing the owner's rights in the mark. This permissible authorized use is called "fair use."

Generally, it is permissible to use someone else's trademark to refer to your own goods or services, if the trademark is used other than as a mark and used only to describe your goods or services or geographic origin, if done in good faith. This "fair use" defense prevents a trademark owner from monopolizing, or appropriating a descriptive word or phrase.

Similarly, the use of someone else's trademark to refer to that party or their goods or services is allowed, provided no endorsement or other sponsorship is implied. Referring to a competitor's trademark for the purpose of comparative advertising is also lawful because there is little likelihood of confusion.

< Previous