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Trademark infringement information


Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.[1]: 485–486 

If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action for use of a mark for such dissimilar services is called trademark dilution.

In some jurisdictions a party other than the owner (e.g., a licensee) may be able to pursue trademark infringement proceedings against an infringer if the owner fails to do so.

  1. ^ Irina D. Manta Spring 2011 The Puzzle of Criminal Sanctions for Intellectual Property Infringement Archived 2018-11-13 at the Wayback Machine Harvard Journal of Law & Technology 24(2):469-518

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incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement. There are limitations and exceptions...

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up infringement in Wiktionary, the free dictionary. Infringement refers to the violation of a law or a right. Infringement may refer to: Infringement procedure...

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on three allegations: (i) breach of franchise agreements, (ii) trademark infringement, and (iii) other unfair business practices. In 2016, U.S. District...

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Constructive notice – that is, infringers cannot claim that they were unaware of a registered trademark Enhanced remedies for infringement, including the possibility...

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Australia for infringing on its trademark, launching another suit in 2021 after providing evidence that Redbubble had continued to breach the trademark. The 2019...

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established. Owners of unregistered trademarks can not sue for trademark infringement if another party uses their trademark, although they can seek a passing...

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of trademark infringement that applies only to famous marks. With a non-famous mark, the owner of the mark must show that the allegedly infringing use...

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that they were suing the International House of Prayer for trademark dilution and infringement. The lawsuit was dropped on December 21, 2010, with the dispute...

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Trademark Counterfeiting Act of 1984

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determine trademark infringement. Remedies of trademark infringement include, but are not limited to; attorneys' fees, destruction of infringing products...

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