By: Michael J Foycik Jr.
June 21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
There are three main types:
> trademark infringement
> patent infringement
> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Read more >> http://internationalpatentservice.com/What-is-Infringement.html
