What Is Trademark Infringement Examples?

How do you avoid trademark infringement?

Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:Do your research.

Before you settle on a name, logo, or domain name, make sure it is not already trademarked.

Enlist help.

Consider general liability insurance.

Register your trademark.

Document your findings..

What happens if you use someone’s trademark?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

What activities qualify as trademark infringement?

To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff’s consent.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

What is Nike’s trademark?

For example, the Nike swoosh symbol, the phrase “Just do it” and the name Nike are trademarked. In essence, Nike has three separate trademarks for its symbol, slogan, and name. Trademarks are meant to protect the brand. If Nike hadn’t trademarked “Just do it,” anyone could use the phrase in branding and advertisements.

Is the Nike logo illegal?

Nike does not permit other parties to use or modify its trademarks, images, logos, advertising, or other such materials. It is your responsibility to find out if your use is legally permissible. For instance, using Nike logos in textbooks may be regarded as fair use in some situations.

What are examples of trademark?

Five Classic Examples of Trademark1.) Name – Coco Chanel is a perfect example of a name that is a trademark. … 2.) Symbol – The McDonalds golden arch is a classic example of a symbol trademark. … 3.) Catchphrases – a catchphrase that is identifiable to a person or company that is used to sell merchandise can be trademarked. … 4.) … 5.)

Can you use company logos without permission?

A person or company should never use a trademark or logo without written permission from its owner. … However, even then, third parties cannot use logos without a specific agreement. More than that, trademarked companies often have resale policies for their products.

What is the difference between trademark infringement and trademark dilution?

Dilution is therefore different from trademark infringement, because trademark infringement always involves a probability of customer confusion, whereas dilution can occur even if customers wouldn’t be misled.

What is not trademark infringement?

Use by an unauthorised person: This means that violation of a trademark only happens when the mark is used by a person who is not authorised by the holder of the registered trademark. If the mark is used with the authorisation of the holder of the registered trademark, it does not constitute infringement.

How much can you sue for trademark infringement?

Now consider the cost of suing. Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.

What logos can you use without permission?

Informational Uses of a Trademark Are Permissible Informational (or “editorial”) uses of a trademark do not require permission from its owner. These are uses that inform, educate, or express opinions protected under the First Amendment of the United States Constitution—freedom of speech and of the press.

If you want to use another company’s logo on your website, you should generally assume that the logo is protected intellectual property. Copyright or trade mark will protect most logos. … If you use another company’s logo to promote their products or services, they will often be happy to grant this permission.

What is considered a trademark infringement?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. …

How do you know if you are infringing on a trademark?

THE 8-FACTOR TRADEMARK INFRINGEMENT TESTSTRENGTH OF THE SENIOR MARK. … RELATEDNESS OF THE PRODUCTS. … SIMILARITY OF THE MARKS. … EVIDENCE OF ACTUAL CONFUSION. … MARKETING CHANNELS USED. … LIKELY DEGREE OF PURCHASER CARE. … THE INTENT OF DEFENDANT IN SELECTING THE MARK. … LIKELIHOOD OF EXPANSION OF THE PRODUCT LINES.

Can you go to jail for trademark infringement?

While most infringement cases are handled in civil courts, some cases can lead to federal criminal charges. This can result in numerous criminal penalties, such as probation and even jail time.

How do I sue someone for trademark infringement?

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or …

Is Coca Cola a trademark?

The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.