What are the elements of a trademark infringement claim?
A trademark infringement claim occurs when someone else uses your trademarked material without permission from the owner. In order for a trademark infringement claim to be successful in Florida, certain elements must be established. First, it must be established that you had the valid and subsisting trademark. This means that your mark must be registered with the U.S. Patent and Trademark Office, or it must have acquired a secondary meaning with the consuming public. Second, it must be established that the defendant used the trademark in such a manner that it caused a likelihood of confusion. This means that a person viewing the defendant’s use of the trademark would confuse or assume that his use was connected to your trademark in some way. Third, it must be established that you were harmed. This could include lost profits, damage to your reputation, or a decrease in the value of your trademark. Finally, it must be established that the defendant acted willfully or in bad faith. This means that the defendant should have known that he was using your trademark illegally and without permission. All of these elements must be established for a trademark infringement claim to be successful in Florida. Additionally, the trademark owner must also prove that he has standing to bring the claim. This means that he must show that he is the legal owner of the trademark.
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