What is an infringement of trademark?
An infringement of a trademark is when someone else, without authorization, uses a trademark that is similar to one already in use by another business or individual. A trademark is an official symbol or phrase used to distinguish and identify a product or business. Examples of trademarks include slogans, logos, and product designs. In Nebraska, businesses that have a registered trademark may sue for legal protection if another business or individual is infringing upon their trademark. The court may impose fines and other sanctions against the infringing party for unauthorized use. It is important to note that not all trademarks are registered, so trademark infringement can occur even without registration. In some cases, trademark infringement can be unintentional. This may occur if the infringing party had no knowledge of the registered trademark and used a symbol or phrase that they believed to be original. This type of infringement does not always lead to legal action. The offending party may be asked to discontinue use or may be required to pay a licensing fee for continued use. Trademark infringement should be taken seriously. Unauthorized use of a trademark can damage the value of the original business’s brand. It is also important to remember that potential infringers should always conduct a thorough trademark search to ensure that they are not infringing on another’s trademark. Failing to do so can lead to significant legal consequences.
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