In trademark infringement disputes, the plaintiff is responsible for proving that infringement has taken place. The plaintiff must prove to the court that there is a valid trademark, and that the defendant has demonstrated unauthorized use of the trademark in some way that could cause confusion for consumers as to the source of the good or service. The court ultimately decides if infringement has taken place, based on the information the plaintiff provides. A trademark is only as good as the owner that enforces it.
One thing the court considers when determining if infringement has occurred is the two companies’ marketing methods. The court will look at how the information is being presented to consumers, how similar the information is, how likely it is that consumers will be confused about the two companies, as well as the intent of the defendant when they used the trademark protected item in question.
Not only do businesses need to be careful not to infringe on competitors’ trademarks, they also need to make sure that others are not infringing on their trademarks. It makes sense for companies to establish trademarks ownership as early on as possible, to stay on top of the inevitable competition. Small companies, especially, need to stay on their toes and protect trademarked intellectual property carefully.
Filing a trademark application is easy, but registering a protectable trademark is not. The help of a skilled trademark attorney can go a long way in establishing your company’s trademark correctly and effectively. The lawyers at VENJURIS are fluent in intellectual property, and will protect your inventions and ideas.
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