What are the elements of a trademark infringement claim?

A trademark infringement claim in Texas requires proof of a few elements. A trademark is a protected symbol or phrase used to identify a company or its products. In Texas, trademark infringements are violations of the state’s Unfair Competition Law. The first element of a trademark infringement claim is a showing that the offender used a trademark or confusingly similar mark to the plaintiff’s. This may be shown by using the same logo, name, symbol, or trademark. It is important to determine if the marks are substantially similar; if so, the plaintiff may have a case. The second element is that the defendant’s use of the trademark must be in connection with the sale of goods or services. This means the trademark must be used to trade goods or services. The third element is whether the plaintiff can prove that the defendant’s use of the trademark is likely to confuse or mislead consumers. In other words, the defendant’s use must create an impression that the goods or services associated with the trademark are connected to or authorized by the plaintiff. The fourth element is proof of either harm or potential harm to the plaintiff’s reputation or financial status. This can be proven by showing the defendant’s use of the trademark has caused a decline in the plaintiff’s sales or that the defendant’s use has confused the public. Proof of the four elements can demonstrate that the defendant has violated the state’s Unfair Competition Law and is liable for trademark infringement. When an infringement is proven, the plaintiff can seek remedies including damages or an injunction to stop the defendant from using the trademark

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What are the elements of a trademark infringement claim?

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