What does brand infringement mean?

Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from.

What does it mean when a trademark has been infringed?

What is 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.

What is trade dress infringement?

Trade Dress Infringement, then, is a junior company’s copying of a senior’s Trade Dress in such a way as to cause consumer confusion as to the source of goods/services.

How do you prove a trade dress infringement?

To sue for infringement of trade dress, you must be able to articulate and prove that your trade dress is inherently distinctive, or has acquired secondary meaning, and that the junior use is likely to cause consumer confusion.

Can a company name infringe a trademark?

As a general rule, trademarks do not infringe one another if the underlying products or services of the two companies do not compete and are not distributed in the same trade channels or locations. One of the primary aims of trademark law is to prevent consumer confusion.

How do I know if I am infringing on a trademark?

Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test

  1. STRENGTH OF THE SENIOR MARK.
  2. RELATEDNESS OF THE PRODUCTS.
  3. SIMILARITY OF THE MARKS.
  4. EVIDENCE OF ACTUAL CONFUSION.
  5. MARKETING CHANNELS USED.
  6. LIKELY DEGREE OF PURCHASER CARE.
  7. THE INTENT OF DEFENDANT IN SELECTING THE MARK.

What is the penalty for infringement of trademark?

Imprisonment for a period not less than six months that may extend to three years. A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh.

What does trade dress required mean?

Trade dress – a trade dress must be something that is distinctive and connects the consumer to the product, i.e. the consumer instantly recognizes the source of the trade dress. Unlike a design patent, it cannot be functional in any way. Design features that have a function should be protected with a design patent.

Is know how intellectual property?

The ability to achieve a practical end due to knowledge and/or skill. Know-how is intangible property, the rights to which a person may buy or sell.

Is trade dress a legal term?

Trade dress is a type of trademark law that extends to the configuration (design and shape) of a product itself. Like a trademark, a product’s trade dress is legally protected by the Lanham Act. (15 U.S.C § 22).

How do you avoid trademark infringement?

How to prevent trademark infringement

  1. Trademark search. Before registering your trademark, conducting an exhaustive trademark search is a must.
  2. Register your trademark and actively use it.
  3. Trademark monitoring.
  4. Litigation process.
  5. Trademark infringement removal.

What does it mean to infringe on something?

: to do something that does not obey or follow (a rule, law, etc.) Kids Definition of infringe. Legal Definition of infringe. : to encroach upon in a way that violates law or the rights of another the right of the people to keep and bear arms, shall not be infringed — U.S. Constitution amend.

What is the difference between infringe and encroach?

In most usage, infringe refers to personal rights, while encroach refers to property or territory. A final word, impinge usually means “to make an impression upon,” but can also overlap with infringe and encroach. Creepy. The verb infringe means to violate the rights of another, often in a way that is gradual but clearly identifiable.

Can You infringe on someone’s trademark?

You might, for example, infringe upon another’s trademark or copyright by using their protected work for yourself. And of course, infringe is most famously found in the text of the 2nd Amendment to the U.S. Constitution: “…the right of the people to keep and bear Arms, shall not be infringed.”

What is patent infringement?

1 : to encroach upon in a way that violates law or the rights of another infringe a patent.