What is a trademark infringement?
A trademark infringement occurs when a person or business uses a word, phrase, logo, or symbol that is similar to another company’s trademark. In California, the owner of a trademark holds the exclusive right to use the trademark to identify and distinguish their goods or services from those of others. Trademark infringement is a violation of the intellectual property law, and is considered to be theft of another person’s intellectual property. If someone without permission uses a trademark that is similar to another’s, the trademark’s owner has the entitlement to seek civil damages for the infringement. The trademark’s owner can then demand that the infringer cease their use of the trademark. The owner can also file a lawsuit and receive money from the court as compensation for the infringement. In California, the owner of a trademark can also seek a court order to have the infringing items removed from the market and destroyed. If a person or business is found guilty of trademark infringement, they may be ordered to pay money damages for the financial loss suffered by the trademark’s owner and for the profits generated by the infringement. The courts can also award the trademark’s owner up to three times the amount of damages and the cost of the lawsuit. It is important to remember that only an authorized user of a trademark can legally use a trademark in California. If a person or business uses another company’s trademark without permission, they may be liable for trademark infringement.
Related FAQs
What is a trade dress infringement?What is a Technology Transfer Agreement?
What rights do I have as a copyright owner?
What is trade dress infringement?
What is the scope of trademark protection?
How do I protect my intellectual property overseas?
What is the process of obtaining a copyright?
What are the steps in obtaining a patent?
How do I design a trademark that is distinctive?
What is the term of a copyright?
Related Blog Posts
The Supreme Court’s Role in Intellectual Property Law - July 31, 2023Benefits of Protecting Intellectual Property Rights - August 7, 2023
Understanding Trademark Law Basics - August 14, 2023
What is the Difference Between a Patent, a Trademark and a Copyright? - August 21, 2023
How Can an Intellectual Property Lawyer Help Your Business? - August 28, 2023