What are the elements of a trademark infringement claim?
A trademark infringement claim in Georgia requires four elements for a successful suit. First, the accuser must have a valid, legally-registered trademark. This trademark must be used in a manner recognized by Georgia law — for example, it must be used in the marketplace to indicate the source of goods and services. Second, the person accused of infringing the trademark must be using the accuser’s mark in a manner that creates a likelihood of confusion. A likelihood of confusion exists if the consumer might mistakenly believe that the accused’s goods or services are associated with the accuser’s goods or services. Third, the accused must have used the trademark without the accuser’s permission. This includes using a confusingly similar mark and/or the same mark in a different industry. Fourth, the accused must use the trademark in Georgia. The accuser must be able to show that the accused’s activities have damaged their business in some way in the state of Georgia. To be successful in a trademark infringement claim in Georgia, the accuser must be able to show that all four elements have been met. This means providing evidence that the accuser’s trademark is valid, that the accused has used it without permission, and that it has caused confusion in the state of Georgia. If these four elements are present, the accuser may be able to win a trademark infringement case in the state of Georgia.
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