Sociology Index

Trademark Infringement

Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a registered trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a registered trademark may commence legal proceedings against a party which infringes its registration.

A trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable. Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention.

In the United States, a cause of action for use of a mark for such dissimilar services is called trademark dilution.

In some jurisdictions a party other than the owner (eg. a licensee) may be able to pursue trademark infringement proceedings against an infringer if the owner fails to do so.

The party accused of infringement may be able to defeat infringement proceedings if it can establish a valid exception or defence (eg. comparative advertising, laches) to infringement, or attack and cancel the underlying registration (eg. for non-use) upon which the proceedings are based.

Books On Trademark Infringement

The Psychology Behind Trademark Infringement and Counterfeiting by J. L. Zaichkowsky

Composite trademarks: deconstructing the similarity of marks element in a trademark infringement action: what really creates a likelihood of confusion? : by James D. Nelson, Pam Kohli Jacobson

Republic of tea wins Rooibos judgment.(Coffee and Tea Reports from the Front Line)(Burke International's trademark infringement case).

Trademark Infringement Remedies by Brian E. Banner (Editor)

The name game.(Editor's Note)(trademark infringement lawsuits).

When does a fashion trend become trademark infringement? (VIEWPOINT)

The initial interest confusion doctrine and trademark infringement on the Internet: Washington and Lee Law Review by Bryce J Maynard

Fair or fowl? Using sports teams' trademarks can cost the media money.(cases of trademark infringement) : An article from: American Journalism Review by Mitchell H. Stabbe

Quick! Is it a Hummer or Jeep?(trademark infringement case)(Brief Article) : An article from: Indiana Business Magazine.

Walton Arts Center sues over trademark.(trademark infringement lawsuit)(Delta House Publishing Co) : An article from: Arkansas Business

Losing the name game.(Business)(A Eugene restaurant backs down after being accused of trademark infringement):
An article from: The Register-Guard (Eugene, OR)

Spyware: Trademark Infringement or Legitimate Business Practice? by IDC, Ron Kaplan, Randy Giusto, Brian E. Burke

In trademark infringement litigation brought in Germany by California clothing firm, European Court of Justice answers question of law referred by Bundesgerichtshof ... An article from: International Law Update

Search Engines and Internet Advertisers: Just One Click Away from Trademark Infringement?: An article from:
Washington and Lee Law Review by Lauren Troxclair

'Black BBB' under fire for trademark infringement : An article from: The Mississippi Business Journal  by Lynne Wilbanks Jeter.

Unilever goes to court in Russia over trademark infringement. : An article from: Ice Cream Reporter

What's in A NAME? (trademark infringement) An article from: Beverage Industry.

In breach of implied contract and trademark infringement litigation, English Court of Appeal rejects defendant's claim that trial court erred in refusing

Likelihood of confusion--the basis for trademark infringement: An article from: JOM
by David V Radack

Composite trademarks: deconstructing the similarity of marks element in a trademark infringement action

Burke International's trademark infringement case Trademark Infringement Remedies

The name game.(Editor's Note)(trademark infringement lawsuits)

When does a fashion trend become trademark infringement

The initial interest confusion doctrine and trademark infringement on the Internet

Fair or fowl? Using sports teams' trademarks can cost the media money

Quick! Is it a Hummer or Jeep?(trademark infringement case)

Walton Arts Center sues over trademark

Spyware: Trademark Infringement or Legitimate Business Practice

In trademark infringement litigation brought in Germany by California clothing firm

Search Engines and Internet Advertisers: Just One Click Away from Trademark Infringement

'Black BBB' under fire for trademark infringement

Unilever goes to court in Russia over trademark infringement

What's in A NAME?(trademark infringement)

In breach of implied contract and trademark infringement litigation

Likelihood of confusion--the basis for trademark infringement

Losing the name game.(Business)(A Eugene restaurant backs down after being accused of trademark infringement)

The Psychology Behind Trademark Infringement and Counterfeiting.