What is a trademark infringement?

A trademark infringement is when someone inappropriately uses a trademark that is owned by another person or business. A trademark is a name, symbol, or phrase that is used to distinguish a particular product or service from others. It can be your business name, logo, slogan, or any other identifying mark. In North Carolina, it is generally illegal to use another person or company’s trademark without their permission. This means that you cannot use a trademark that is similar or identical to one that is already in use. For example, if another business has a registered trademark for “Bob’s Auto Repair”, then you could not use “Bobby’s Auto Repair” as that could be confused with the original trademark. Trademark infringement is a serious issue because it can cause confusion amongst customers and damage the reputation of the business that owns the original trademark. In North Carolina, trademark infringements are punished by either an injunction or monetary damages. An injunction is a court order that prevents the person who infringes from using the trademark any further. Monetary damages can require the infringer to pay out money to the owner of the original trademark to cover any losses that they experienced from the infringement.

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