Texas Legal Entities
Trademark Infringement
Trademark infringement is another serious violation of business practices. It is a violation of the exclusive rights that are attached to a trademark without gaining the authorization of the trademark owner or any of the licensees first.
Infringement is possible when one party uses a mark or trademark that is identical or confusingly similar to a trademark owned by another party. The act is restricted to instances where the conflicting trademarks are used in relation to products that are nearly identical or similar enough to be suspicious. When this sort of violation has occurred, the holder of the trademark can sue the party who infringed upon its trademark.
In many trademark infringement cases, the marks in question are not identical but are merely similar. In cases that involve similarity and not a direct copy, the trademark will be viewed as infringed upon if there is a general likelihood of confusion. The likelihood of confusion refers to whether or not consumers will be confused and think that the copied trademark represents products or some sort of service that originated with the original trademark owner.
The general likelihood of confusion isn't typically measured by actual consumer confusion. Actual consumer confusion may play a role in the case but it is not one of the crucial elements to proving that a trademark was infringed.
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For more information on trademarks and what happens when another party infringes on them, contact the Texas business foundation experts of Texas Legal Entities.
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