Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services.
The success of a lawsuit to stop the infringement usually turns on whether the defendant’s use causes a likelihood of confusion in the average consumer.
Trademark infringement cases include instances in which one company sues because another company is profiting from its trademark without approval.
When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the infringing user of the same or similar mark (the defendant) to prevent further use of the mark and collect money damages for the wrongful use.
An infringement action may be brought in state court or in federal court if the mark in question is protected under the Lanham Act, which applies to both registered and unregistered marks that are used in commerce that Congress may regulate.
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