ENGLISH
GERMANTrademark Infringement
In the United States, trademark infringement occurs when someone, without consent, uses in commerce any reproduction, counterfeit, copy, or colorable imitation of someone else’s trademark. For registered trademarks, infringement of a federally registered trademark is governed by Section 32 of the Lanham Act, while infringement of a state registered trademark is governed by individual state laws. Unregistered trademarks can also be infringed. Because trademark rights arise from use, common law trademark infringement is available for certain trademark owners. In many jurisdictions, infringement of an unregistered trademark may be brought under Section 43(a) of the Lanham Act.
Various remedies are available for trademark infringement. For example, an injunction can estop an infringer from continued infringing activities. Money damages in the form of the infringer’s profits or the trademark owner’s lost profits can be awarded. In certain situations, the court can award enhanced damages, prejudgment interest, and attorney’s fees.
Because the Lanham Act is federal law, actions for trademark infringement of a federally registered mark can be brought in federal court. To prove infringement, a trademark owner must show a “likelihood of confusion” between the owner’s mark and the alleged infringer’s mark.
See also:
Trademark
Trademark Application
Trademark Registration
Related links:
Useful Links – U.S. Patent and Trademark Office
Filed under the Intellectual Property Law category.
