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.
When a website links to another site by misleading users that the website is sponsored by or affiliated with the trademark owner, a finding of trademark infringement might result. However, merely linking to a website whose URL is a trademark is not an infringing use.
- Introduction
- Domain Names as Trademarks
- When is a Domain Name a Trademark?
- Forget the ".com"
- Distinctiveness
- Identify Your Products and Services
- What Trademarks Protect
- Benefits of Trademark Registration
- If You Don't Register
- Acquiring Trademark Rights
- Use in Commerce
- Intent to Use
- Trademark Search
- Why Trademark Search
- Electronic Filing
- Registration Refusal
- Post-Registration
- Trademark Infringement
- Cybersquatting
- Non-Infringing Use
