What is a trademark infringement?
A trademark infringement is when someone uses a name, logo, slogan, or other identifying mark belonging to another person or company without permission. It is a form of intellectual property law violation. This is especially common when it comes to famous brand names or products. In Rhode Island, trademark infringement is governed by the federal Lanham Act, as well as the Rhode Island trademark statute. The Lanham Act is a federal law that protects trademarks and other forms of intellectual property. It prohibits companies from using another’s trademark in a manner that is likely to confuse the public. Under the Rhode Island state trademark law, a trademark infringement occurs when someone knowingly uses a trademark without permission from the owner. This can include a competitor using a similar brand name, logo, or slogan to sell their own products, or when someone uses a trademark to advertise services that are not their own. Anyone who believes that someone is infringing on their trademark in Rhode Island can file suit in either federal or state court. The lawsuit must be brought within three years of the infringing act, and the successful party is usually entitled to damages.
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