What is an infringement of trademark?
An infringement of trademark is when a person or business uses the name, logo, phrase, or artwork of another company without authorization. This is illegal in North Carolina and most other states. Trademark infringement can consist of any of these elements: using a similar name or logo that could confuse customers; using a protected phrase or tagline; or using artwork that could be mistaken for another company’s work. For example, if Company A has established its logo as a distinctive symbol and Company B uses the same design with slightly different colors or a different font, this could be considered trademark infringement. In North Carolina, trademark infringement may result in civil or criminal sanctions. If someone is found to be infringing on another person’s trademark, they can face fines, injunctions (court orders to stop using the trademark), and may even have to pay damages to the owner of the protected trademark. To avoid trademark infringement, it is important for businesses to research the names, logos, slogans, and artwork they would like to use to make sure they are not already taken. It is also a good idea to register your business and its trademarks with the USPTO to protect them from potential infringement.
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