Trademark Infringement: Meaning
Trademark infringement occurs when someone uses a trademark without the owner’s permission in a manner that confuses or deceives consumers about the origin of goods or services.
It typically involves:
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Unauthorized Use – Using a registered trademark without consent.
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Likelihood of Confusion – Making consumers think the goods/services belong to the trademark owner.
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Registered or Well-Known Marks – Protection applies to both registered trademarks and well-known marks recognized by the public.
Example: Selling shoes under the name “Nkie” with a logo similar to Nike is trademark infringement. It misleads consumers and harms the original brand.
Legal Consequences:
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Civil remedies: injunctions, damages, account of profits.
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Criminal liability: in cases of counterfeiting or bad faith use.
In short:
Trademark infringement is unauthorized use of a mark that can confuse consumers or damage a brand, violating the owner’s legal rights.