15.6 Infringement-Elements and Burden of Proof-Trademark
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FAQ
But what is trademark infringement? Under the Lanham Act, trademark infringement elements include (1) use (2) in commerce (3) of a registered mark that causes confusion. Common defenses include fair use, parody, and unclean hands.
§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.
Trademark Violation § 1125(a), the plaintiff must demonstrate that (1) the plaintiff has a valid and legally protectable mark; (2) the plaintiff owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.
These factors include the strength of the mark, the proximity of the goods, the similarity of the marks, evidence of actual confusion, the marketing channels used, the types of goods, the degree of care likely to be exercised by the purchaser, the defendant's intent in selecting the allegedly infringing mark and the
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or
There are four main trademark infringement defenses that may be available for a defendant against a claim of trademark infringement: Doctrine of laches; Estoppel; Unclean hands; and. Fair use doctrine or collateral use doctrine.
In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. To do this, the plaintiff should first show that it has developed a protectable trademark right in a trademark.
