Trademark Lawsuits

Since the inception of the World Wide Web and the Internet, trademark lawsuits have become increasingly more common. Trademark lawsuits, or trademark infringement suits, as they are sometimes called, occur when one person (the plaintiff) believes that a trademark they have registered has been infringed upon. The plaintiff in the 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 must first show that he has a protected trademark. Trademark lawsuits can be difficult to prove, since companies in the same industry often have very similar advertising information, etc. In addition, popular catch phrases, such as AAA, may be used across industries for marketing reasons. Even when trademark infringement is proven in a trademark lawsuit, damages are not often awarded. The most likely award is an injunction from further infringement, meaning the defendant may not continue to use the item, etc. that was found to be an infringement.

Fast Facts

  • Trademark lawsuits have increased every single year since the inception of the Internet.

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