From the course: Understanding Intellectual Property

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Trademark infringement

Trademark infringement

From the course: Understanding Intellectual Property

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Trademark infringement

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- Trademark infringement. Now, once you've established trademark rights, what do you do? What do those rights give you? Well, they give you the right to sue people for infringement. The government is not going to protect you, you, not the government, need to sue for infringement. Likewise, if someone believes your use of a trademark infringes on them, they have a private right to sue you for infringement. Now, what's infringement? Infringement is an analysis of whether there's a likelihood of confusion between two different marks. Courts apply a multi-part test. It varies a little from jurisdiction to jurisdiction, but the primary elements are pretty similar. Courts evaluate the strength of the mark, the proximity of the goods, the similarity of the marks, evidence of actual confusion, the marketing channels used to promote the products, the types of goods and the carefulness likely of consumers, the defendant's intent, and the likelihood that either party will expand into new…

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