2 Things to Know about Trademark Infringement

According to United States legal codes, a trademark is “a word, symbol, or phrase, used to identify a particular manufacturer or seller’s products and distinguish them from the products of another.” Hundreds of trademarks are established each year, and numerous ideas, from Nike’s signature swoosh to the color scheme on a Coca-Cola can, are trademarked. These protections encourage investment and raise overall product quality. They also save consumers time when picking out their favorite products. Entrepreneurs often depend on trademarks to keep their business profitable and sustainable, especially in the early stages of company development.
Despite the state and federal laws protecting trademarks, infringement occurs every day. Whether a small business is the target of trademark infringement from a larger corporation, or vice versa, the future of your company is in grave peril. To protect your financial future and intellectual property, it is important to remain knowledgeable. Here are two important facts to know about trademarks.

1. Trademark infringement claims rest on the “likelihood of confusion” a similar word, symbol, or phrase causes. For example, a can of soda that strongly resembles the Coca-Cola packaging may cause a customer to become confused as to which is which, and ultimately they may purchase the wrong product. The likelihood of confusion depends on factors that vary on a case-by-case basis, but common factors are degree of product similarity, marketing techniques, and targeted consumers.
2. If you believe another brand is harming yours but cannot prove likelihood of confusion, a claim of “trademark dilution” is available. Trademark dilution occurs when a word, symbol, or phrase deemed famous has its quality and value reduced by another party’s use of it, or their use of a similar mark, on another product. A recent, high-profile case involving trademark dilution is Toys “R” Us v. Akkaoui, wherein the defendant began doing business under the name Adults “R” Us.

Contact a Dallas Trademark Lawyer Today

If you or your loved one is the victim of trademark infringement, immediate legal action will vastly increase your chances of success in court. Your trademark represents your product, and your product is your future. The experienced trademark lawyers at Gagnon, Peacock & Vereeke, P.C. fight passionately for our clients to achieve a fair settlement and protect your brand from infringement. Contact us today at (214) 824-1414 for a free consultation with a skilled legal representative who will answer any question you may have.